What happens if your spouse violates a restraining order?

Going through a divorce can be emotionally challenging, especially when domestic violence or abuse is involved. In such cases, a restraining order might be issued to protect you from harm. If your spouse violates this order during the divorce process, it’s important to understand the consequences they may face and how it can impact your case.

Legal consequences of violating a restraining order

If your spouse violates a restraining order during your divorce, they face serious legal consequences. In Connecticut, the law treats violating a restraining order as a criminal offense. Your spouse could face arrest, criminal charges, and potential jail time. The severity of the penalty depends on the nature of the violation and any prior offenses. Penalties can include fines or up to five years in prison.

Violating the order also affects your divorce case. If your spouse disregards the law, it can damage their credibility and character in the eyes of the court. This can influence decisions on child custody, property division, and spousal support.

Impact on divorce proceedings

A restraining order violation can create complications in your divorce proceedings. For example, the violation may lead to delays or modifications in custody or visitation arrangements. The court might need to reassess existing orders or take further action to ensure your safety, especially if your spouse’s actions create more legal issues.

In some cases, a violation can prompt you to file an emergency motion. This could result in the court reconsidering terms related to asset division or custody decisions. If your spouse’s actions cause harm or threaten your well-being, the court may impose harsher penalties.

How to respond to a violation

If your spouse violates the restraining order, report the incident to the police immediately. Keep a detailed record of the violation, including any communication or threats. Work with your attorney to file motions with the court to address the violation and secure further protection during your divorce.

Violating a restraining order during a divorce is not just a legal issue—it’s a matter of safety. The court takes these violations seriously, and they can change the course of your divorce. Take the necessary steps to protect yourself and ensure fair treatment in your case.