Using Protective Orders to Address Stalking and Harassment Post-Divorce

Life after divorce can be difficult, but facing stalking or harassment from an ex-spouse should never be part of it. Protective orders serve as legal safeguards to ensure your safety and peace of mind during this new chapter.

At Iwanyshyn & Associates, located in Allison Park, Pennsylvania, we understand the emotional and legal toll that stalking and harassment can have on you and your family after a divorce. Our attorneys can help you explore how protective orders work, their role in addressing stalking and harassment, and how to file for protection. 

What Is a Protective Order?

A protective order, often referred to as a restraining order in some jurisdictions, is a legal order issued by a court to prevent an individual from engaging in certain actions or behaviors towards another person. Protective orders are intended to promote the safety of a person who may be threatened, harassed, or at risk of harm. These orders can prohibit direct contact, indirect communication, and even physical proximity to the protected person. 

Protective orders are especially relevant in post-divorce situations, where boundaries may not be respected by one or both parties. If you or a loved one is experiencing unwanted contact or threatening behavior from an ex-spouse, seeking a protective order can be a critical step toward securing your safety. 

How to Recognize Stalking and Harassment Post-Divorce

Understanding what constitutes stalking and harassment is essential when pursuing a protective order. Stalking involves repeated behavior that causes fear or emotional distress, whereas harassment may include verbal abuse, threats, or actions designed to intimidate, control, or emotionally harm the victim. Some common types of stalking and harassment include the following: 

• Unsolicited communication: This may involve frequent, unwanted phone calls, text messages, emails, letters, or social media messages. 

• Physical surveillance: The stalker may follow you or show up at places where they know you will be, such as your workplace, home, or social events. 

• Cyberstalking: This can include monitoring your online activity, hacking into your accounts, or using GPS tracking devices on your car or phone. 

• Property damage: The stalker may vandalize your property or leave threatening notes or objects for you to find. 

Stalking and harassment can occur even after a divorce has been finalized. If you recognize patterns of unwanted behavior from your ex-spouse, it’s important to take those actions seriously and consider your legal options for protection. 

How to Obtain a Protective Order

If you believe that you are a victim of stalking or harassment, it’s important to seek help and protection as soon as possible. To obtain a protective order, you will need to file a petition in the appropriate court.  

This petition should detail the specific incidents of stalking or harassment you have experienced, including dates, times, and descriptions of the behavior. Consider submitting detailed evidence, such as text messages, emails, photos, or witness statements, to strengthen your case.  

Once your petition is filed, the court may issue a temporary protective order, which is enforceable immediately and provides short-term protection until a full hearing is held. At the hearing, both you and the person accused of stalking or harassment will have the opportunity to present evidence and testimony. If the court determines that a longer-term protective order is warranted, it will issue one that remains in effect for several months to several years. 

It’s important to understand that violating a protective order carries significant legal consequences, including potential fines, arrest, and criminal charges. This enforcement mechanism gives protective orders their strength and ensures that violators are held accountable under the law. 

Common Misconceptions About Protective Orders

Many people mistakenly believe that protective orders are difficult to obtain or ineffective in preventing further harassment. While the burden of proof does fall on the petitioner to demonstrate a genuine need for protection, having a skilled legal team can make a significant difference in building a strong case.  

Moreover, the legal penalties for violating a protective order often serve as a strong deterrent, offering you a level of security that might not otherwise be available. 

Another common misconception is that protective orders are only necessary in extreme situations. The truth is that stalking and harassment, even when they seem minor at first, can quickly escalate into dangerous behavior. It’s always better to err on the side of caution and seek legal protection early, rather than waiting for the situation to worsen. 

How Our Attorneys Can Help

Obtaining a protective order against your ex-spouse for harassment or stalking can feel overwhelming, especially when you’re already dealing with the emotional strain of a divorce. At Iwanyshyn & Associates, we strive to provide the comprehensive legal support you need. From filing your petition to representing you at hearings, our team is committed to advocating for your safety and peace of mind. 

Every situation is unique, and we will take the time to listen to your concerns and tailor our approach to meet your specific needs. Whether you need help gathering evidence, understanding court procedures, or addressing violations of an existing protective order, we will provide the guidance and support you need. 

Contact a Skilled Family Law Attorney in Pennsylvania Today

The period following a divorce should be a time of healing and rebuilding, not fear or intimidation. If your ex-spouse has engaged in behavior that resulted in stalking or harassment, filing for a protective order can help you create clear boundaries and take control of your situation.  

At Iwanyshyn & Associates, our attorneys are experienced in helping our clients take the necessary steps to protect themselves and their families. Located in Allison Park, Pennsylvania, we serve clients throughout the surrounding areas, including Butler County and Conway. If you’re experiencing stalking, harassment, or other threatening behavior from an ex-spouse, contact us today to schedule a consultation.