Douglas W. Lewis, Lawrenceville Divorce, Custody, and Family Law Attorney
GWINNETT COUNTY DIVORCE – WHAT IS A MUTUAL RESTRAINING ORDER?
This is Part 3 of the Filing for Divorce in Gwinnett County series. I provided a general overview on How to File for Divorce in Gwinnett County Superior Court in Part 1 of the series and where to file a divorce in Gwinnett County in Part 2. In the over twenty years I have been handling Gwinnett divorce and child custody cases in my Lawrenceville office I have been asked numerous questions about filing for divorce. This series is focused on addressing common questions that many have asked when considering filing for divorce in Gwinnett County. If you have any questions after reading this post please contact me at my Lawrenceville office for a free phone consultation.
A MUTUAL RESTRAINING ORDER IS FILED WITH EVERY GWINNETT COUNTY DIVORCE CASE
Whenever a divorce case is filed in Gwinnett County there must be a Mutual Restraining Order attached to the Summons and Complaint for Divorce. The Mutual Restraining Order is a Standing Order in all Gwinnett County divorce cases which means it is an Order that has been signed by all of the Gwinnett County Superior Court judges and is to be filed in every Gwinnett County divorce case.
WHAT IS A GWINNETT COUNTY MUTUAL RESTRAINING ORDER?
The Mutual Restraining Order applies to all divorce cases filed in Gwinnett County Superior Court. The Order mandates that during the divorce case each spouse shall comply with the following requirements:
“Each party is hereby enjoined and restrained from unilaterally causing or permitting the minor child(ren) of the parties to be removed from the jurisdiction of this Court and the State of Georgia.” – In other words, if the parties to the divorce have a child or children then neither party is to take the child or children outside the state of Georgia unless allowed by the Court;
“Each party is hereby enjoined and restrained from doing, or attempting to do, or threatening to do, any act that injures, maltreats, vilifies, intimidates, molests, or harasses the adverse party or the child(ren) of the parties” – In other words, neither spouse is to harass, harm or intimidate the other spouse or any the parties' minor children. Nor shall either party attempt or threaten to harass, harm, or intimidate the other spouse or children;
“Each party is hereby enjoined and restrained from selling, encumbering, trading, contracting to sell, or otherwise disposing or removing from the jurisdiction of the Court, any of the property belonging to the parties except in the ordinary course of business”;
“Each party is hereby enjoined and restrained from canceling or changing auto, health, or life insurance for the parties, or the parties' children, currently in place”;
“Each party is hereby enjoined and restrained from disconnecting or having disconnect the home utilities, including, but not limited to electricity, gas, water, and telephone. Further, each party shall not interfere with the other party's mail, or the children's mail”.
However, after a divorce is filed the Court may enter a separate Order which may override some of the provisions in the Mutual Restraining Order.
THE MUTUAL RESTRAINING ORDER IS NOT A FAMILY VIOLENCE PROTECTIVE ORDER
The Gwinnett County Superior Court Mutual Restraining Order prohibits harassing and intimidating contact, however, it does not require that there be NO contact between the parties. If there has been any recent violence or threat of violence or other act of family violence then either spouse can file an application for a Family Violence Protective Order which if granted would prohibit or limit any contact by the other spouse.
GWINNETT COUNTY MUTUAL RESTRAINING ORDER
A copy of the Gwinnett County Superior Court Mutual Restraining Order can be found here: Mutual Restraining Order.
Call attorney Doug Lewis at 770-682-3765 for a free initial telephone consultation if you or someone you know has a question regarding filing for divorce in Gwinnett County or just has a question about divorce, child custody or family law in general.
Lawrenceville Attorney Douglas W. Lewis has over twenty years of experience in Gwinnett County and the Atlanta Metro area handling divorce and child custody cases, family law cases, personal injury cases, criminal defense, civil litigation cases and estate planning matters. If you have any questions please call the Lawrenceville office for a free initial phone consultation or to schedule an office consultation. You can contact attorney Doug Lewis by telephone at 770-682-3765, via email. Client reviews can be found on Mr. Lewis' Google + page and on his website.