A Restraining Order?!

If you’ve been served with court paperwork, you may have also been served with a Standing Order, sometimes called a Standing Restraining Order. Don’t fret! These orders are standard operating procedure in most jurisdictions and are required in domestic relations cases in Washington County and Benton County, Arkansas.

What does a standing order do?

A standing order is intended to keep the “status quo” in place until your case can be heard by the judge, or an agreement can be reached. It provides some important protections when you file for divorce or custody. For example, it prevents the parties from threatening or harassing each other. It also prevents them from selling or disposing of marital property or canceling insurance. Importantly, it prevents the parties from taking the children and moving out of state while the action is pending.

What do I need to do?

You need to read the Standing Order carefully and make sure you understand it. Be sure to ask your attorney any questions that you have before taking any questionable action. You can find copies of the Washington County Standing Order and Benton County Standing Order by clicking on the links or visiting our Resources page.

It is important to read over your Standing Order carefully because the orders differ from county to county. For example, the Washington County order states that you may not remove a child from the state without permission, while the Benton County order gives more leeway for short out-of-state vacation trips. Additionally, Benton County includes a provision about the cancellation of cell phones, utilities, and other necessities while Washington County does not.

What is the ordinary course of business?

Both orders say that you should only make financial decisions “in the ordinary course of business.” This means that you may pay any regular bills and meet your basic financial obligations, but you should not go out and make large purchases, wastefully spend your money, or sell any marital property while the case is pending.

If you have been served with court paperwork, contact one of our experienced attorneys today to make sure that you and your family are protected.

Note: If you have been served by an Order of Protection, that’s something entirely different. Please refer to this blog post for more information.