How can you help a client to determine whether they should try to obtain a restraining order?

By Laura Schantz
May 30, 2017
How can you help a client to determine whether they should try to obtain a restraining order?

That’s a very personal decision, and you don’t want to escalate the divorce with a restraining order if it’s not the right thing to do. On the other hand, an attorney would never tell someone who’s truly in fear, feels that they’ve been abused, and feels very strongly about it not to go get a restraining order, because abuse is very serious and attorneys take it seriously. You can still make sure that they are protected now that they’re separated, and you can still protect your client that way. The abuse might stop without a restraining order. That’s sort of what you weigh. Sometimes someone has abused your client, but that person has, let’s say, moved to California. There’s not a real likelihood maybe then that the abuse is going to continue. You can make decisions not to file a restraining order if you think that it’s not likely to continue and that the person is safe. But if it’s a recent incident that occurred where your client really is afraid, then that’s when the attorney might say, “Go file your restraining order,” because they want their clients to be protected.

Laura Schantz is a family law attorney and mediator practicing in Beaverton, Oregon. To learn more about Laura Schantz and her firm, Schantz Law P.C., visit

Back To Top

May 30, 2017
Categories:  FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.