Does a Restraining Order Affect Divorce Settlements?

Leaving a marriage is never simple, and court orders can add another layer of stress. Families facing domestic violence or ongoing conflict often ask how a restraining order could shape their financial future, parenting plan, or day-to-day life.

At Jackman Law Firm, we have stood beside Washington parents and partners since 2014, guiding them through these tough decisions with steady hands. This article breaks down the real-world effects of a restraining order on divorce settlements under Washington law.

How a Restraining Order Can Impact Divorce Proceedings

A restraining order changes the ground rules. It can limit movement, block communication, and even freeze certain assets while the divorce moves forward. Below are the areas where the order usually matters most.

Communication Restrictions

Most protection orders bar direct calls, texts, or in-person talks between spouses. Negotiations that once happened at the kitchen table now pass through lawyers, mediators, or co-parenting apps. While this extra step protects safety, it often slows down settlement talks and increases legal costs.

Child Custody and Visitation

Washington courts put children first. When domestic violence is proven, judges can

• award one parent temporary decision-making power,
• order supervised visits, or
• Require safe-exchange locations such as police stations or child-access centers.

The court reviews RCW 26.09.191 factors, looking at past harm, current risk, and each parent’s capacity to meet daily needs. A solid safety plan, counseling records, and police reports carry weight.

Property Division

Washington follows community property rules, yet domestic abuse can tilt the final split. If one partner drained bank accounts or hid valuables, the judge can award a larger share to the harmed spouse. Many counties issue an Automatic Financial Restraining Order the moment the petition is filed, stopping both parties from selling real estate, moving retirement funds, or canceling insurance without written consent.

Spousal Support (Alimony)

Domestic violence can affect support in two ways. First, it can lower the paying spouse’s credibility if they refuse to disclose income. Second, judges can raise the award to help the harmed spouse recover health costs or lost job time linked to abuse. Each order is case-by-case, yet RCW 26.09.090 allows the court to weigh these facts.

Types of Restraining Orders Relevant to Divorce Cases

Washington provides different tools for safety, each designed for a narrow purpose. Knowing which one fits your story helps you file the right paperwork and avoid delays.

Domestic Violence Protection Order (DVPO)

Under RCW 7.105.100, spouses, ex-partners, or parents with a child in common can seek a DVPO when violence or threats are present. Common limits include

• no contact in any form, including social media,
• removal of the restrained person from a shared home, and
• temporary custody orders plus firearm surrender.

Family Law Restraining Order (FLRO)

Filed inside an active divorce or parentage case (RCW 26.09.060), an FLRO stops harassment, stalking, or asset waste. It can also stop a parent from taking children out of Washington without court approval.

Antiharassment Protection Order (AHPO)

For unwanted acts that cause serious emotional distress yet do not fit the domestic violence definition, an AHPO under RCW 7.105.100 is available. Teens aged 15 and older can request one for themselves or younger siblings. Limits often match DVPO terms but focus on contact bans and stay-away zones.

Stalking Protection Order (SPO)

When repeated tracking or spying creates fear, a SPO can bar the stalker from home, school, or work. Like an AHPO, the order can be filed by anyone age 15 or older for their own safety or on behalf of a minor.

Quick Guide: Which Order Fits Which Need?

The table above shows how each order links to common divorce issues. Choosing the right petition saves time and court fees.

How to Obtain a Restraining Order in Washington

The process starts with a sworn petition that lists recent incidents, dates, and any police reports. A judge reviews the papers the same day and can grant a temporary order that lasts up to fourteen days. Law enforcement then serves the restrained party, who gains one hearing to share their side. During the follow-up hearing, the court decides whether to extend the order for one year, set a longer term, or dismiss it.

What Happens After Divorce Proceedings Conclude?

Temporary orders stay in place until the final hearing mentioned above. If a Final Restraining Order is issued, it does not expire unless either: (a) the protected person asks to drop it, or (b) the restrained person shows clear proof that protection is no longer required. Even when spouses later get along, only the court can lift the order, and all terms stand until that day.

Divorce Involving a Restraining Order? Contact Us Today

At Jackman Law Firm, we help clients handle complex divorces involving protective orders with a focus on shared parenting, financial fairness, and personal safety. Since 2014, we’ve supported parents seeking protection, defended against false claims, and reached balanced outcomes. If a restraining order is part of your case, call us at 206-558-5555 or visit our Contact Us page to schedule a consultation. You don’t have to face this alone—a brief conversation can bring clarity and help protect what matters most.