Is it normal or common place to address a restraining order objection in divorce court instead of the restraining order court?

I was upset to hear this deal was made against my wishes, and was told it was normal procedure and common? The TRO is still in place till the divorce trial, but at that point it will have to be addressed again. I also don't want the judge to think i was holding it over his head for assets, when this is not the case! I am very frustrated. I feel railroaded. Should I be suspicious of his attorney's request for this? The restraining order was requested because of violence and threats to our lives with weapons, and threats to kill if left relationship.

Salem, OR -

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Attorney Answers (2)

Miranda Shanell Summer

Miranda Shanell Summer

Family Law Attorney - Portland, OR

If I understand your question correctly, you are asking whether it is appropriate for a contested restraining order to be consolidated with a divorce proceeding. The answer is yes, it does happen frequently. There are often overlapping issues, especially when there's child custody in dispute. Consolidating these issues saves the court and the parties the time and expense of having two separate proceedings.

If your ex is represented and you are not, I strongly suggest you consider hiring a lawyer. Unrepresented parties can really get trampled on when the other side has an attorney.

Good luck with your case.

My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order... more
Jay Bodzin

Jay Bodzin

Domestic Violence Lawyer - Milwaukie, OR

Yes, this happens all the time. It spares you having to go back to court multiple times for related issues. It shouldn't change the outcome of either case.

That said, you should still have an attorney representing you in these matters. Especially if your husband does.

Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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