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Restraint and Walking Away: A Sure Fire Way to Avoid a Restraining Order

How to Avoid Restraining Orders

By , About.com Guide

Restraint and Walking Away: A Sure Fire Way to Avoid a Restraining OrderBigStockPhoto.com

I received an email recently from a reader. He was highly upset because his wife had restraining orders against him. They got into an altercation and instead of walking away he fought back. According to him he is now under restraining orders due to something “she did.”

The true reason he is under a restraining order is that he chose to engage in a physical confrontation with his wife. She attacked him, he grabbed her arms and shoved her away and she ran for the phone.

If this reader had walked away and done the sensible thing…called the police, his wife would now be suffering the consequences, not him. It happens over and over again, people handle a bad situation in the way they think is best and end up regretting their actions or blaming their actions on someone else.

When it comes to marital problems and dealing with a spouse you think may file charges, it is better to play it safe than take the risk of ending up with legal problems. The consequences of engaging in conflict are far reaching.

Think about it, if you have a restraining order against you, it can affect your job if you work for a company that has a morals clause in your contract. It can make visiting your children difficult even to the point of having to experience supervised visitation.

If you have a vindictive spouse or ex-spouse below are a few tips to help you avoid a restraining order:

  • Always have a witness. It is best to not be alone with a spouse you feel will try to push your buttons. This is especially important if you are separated or divorced. If there has to be communication do it in a public place and remain calm.

    If you have children be sure that pick-ups and drop offs are in a public place. If your ex refuses to meet you in a public place, drop your children off at home but do not enter the home. Stay outside where there are neighbors to witness what occurs should your ex become hostile.

  • Don’t let anger get the best of you. The first thing you may want to do is lash out if your ex does something to push your buttons. The last thing you should do is lash out. For your own protection have no contact at all with your ex until you have calmed down and can trust yourself not to lose it when in his/her presence.

  • Keep your hands off your spouse. Even without the threat of a restraining order, domestic violence should be avoided at all cost. Our first instinct when hit is to hit back. It is our worst instinct! If you are physically assaulted walk away and immediately call the police. Something as simple as shoving an ex away from you to protect yourself could land you in jail. Shake them off, then walk off.

    Judges don’t ignore requests for restraining orders. Domestic abuse is too widespread for a judge to not take any request for a restraining order seriously. If you fear a vindictive spouse will purposefully push your buttons in the hopes of causing legal problems for you please protect yourself by taking the above advice.

    This is especially so for men since more restraining orders are issued against men than women. The courts are supposed to be unbiased but in reality, a judge is going to be more likely to believe a man capable of abuse than a woman.

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