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About Restraining Orders
A Restraining Order or Injunction is a court order that attempts to prohibit something from happening that may cause future harm. In a divorce case, you may need your spouse to be restrained from coming within a certain distance from you if he or she poses a threat, or it may be a mechanism to keep your assets from being unnecessarily dissipated or hidden in anticipation of your impending divorce.
If you have children, it will be difficult to enforce a Restraining Order calculated to keep your spouse away from you. Typical restraining order language is found in many Temporary Orders and will enjoin each party from transferring, encumbering, concealing, selling or otherwise disposing of any and all marital and/or individual assets, except in the ordinary course of business or for ordinary and necessary living expenses, until further order of Court. It may also prohibit either party from harassing, intimidating or interfering with their spouses independence and dignity.
In order to file for divorce, one spouse must be a resident of Mississippi for at least six months before filing for divorce. However, for a divorce action, a person who is in the armed forces and stationed in Mississippi is considered to be a resident.
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