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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16396
Experience:  Licensed experienced Attorney
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My wife is filings. She is requesting a temporary restraing

Customer Question

My wife is filings for divorce. She is requesting a temporary restraing order for emotional abuse. Do I have to move out when I am served?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Was the temporary restraining order issued by the court?

What state are you in?

Customer: replied 1 year ago.
I live in Florida. I have not been served but I have seen the paperwork. ..
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up. I am a Florida licensed attorney.

Generally, if the court issues a temporary restraining order against a spouse, the restraining order would only be effective when actual legal notice, such as formal service is given and once the temporary restraining order is served, then the spouse subject to the restraining order would have to stay away from marital property and from any other places where the person who obtained restraining order might be, such as work, friends, etc...

Also, any firearms would have to be surrendered to the police once the temporary restraining order is served and the firearms rights would be suspended until the restraining order if lifted / terminated, so it is important to hire an experienced local restraining order law attorney who can represent you at the hearing for the permanent restraining order, since if the permanent restraining order is issued, it would subject you to loss of firearms rights, as well as, such restraining order would show up during criminal background check and can cause some negative impact when applying for jobs, licenses, etc...

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.

Do you have any related follow up questions? If not, please accept and positively rate my question, so I can be compensated for my work.

Expert:  Alex J. Esq. replied 1 year ago.
Expert:  Alex J. Esq. replied 1 year ago.

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