Whenever a divorce case is filed in Gwinnett County there must be a Mutual Restraining Order attached to the Summons and Complaint for Divorce. The Mutual Restraining Order is a Standing Order in all Gwinnett County divorce cases which means it is an Order that has been signed by all of the
Gwinnett County Superior Court judges and is to be filed in every Gwinnett County divorce case.
WHAT IS A GWINNETT COUNTY MUTUAL RESTRAINING ORDER?
The Mutual Restraining Order applies to all divorce cases filed in Gwinnett County Superior Court. The Order mandates that during the divorce case each spouse shall comply with the following requirements:
“Each party is hereby enjoined and restrained from unilaterally causing or permitting the minor child(ren) of the parties to be removed from the jurisdiction of this Court and the State of Georgia.” – In other words, if the parties to the divorce have a child or children then neither party is to take the child or children outside the state of Georgia unless allowed by the Court;
“Each party is hereby enjoined and restrained from doing, or attempting to do, or threatening to do, any act that injures, maltreats, vilifies, intimidates, molests, or harasses the adverse party or the child(ren) of the parties” – In other words, neither spouse is to harass, harm or intimidate the other spouse or any the parties' minor children. Nor shall either party attempt or threaten to harass, harm, or intimidate the other spouse or children;
“Each party is hereby enjoined and restrained from selling, encumbering, trading, contracting to sell, or otherwise disposing or removing from the jurisdiction of the Court, any of the property belonging to the parties except in the ordinary course of business”;
“Each party is hereby enjoined and restrained from canceling or changing auto, health, or life insurance for the parties, or the parties' children, currently in place”;
“Each party is hereby enjoined and restrained from disconnecting or having disconnect the home utilities, including, but not limited to electricity, gas, water, and telephone. Further, each party shall not interfere with the other party's mail, or the children's mail”.
THE MUTUAL RESTRAINING ORDER IS NOT A FAMILY VIOLENCE PROTECTIVE ORDER
The Gwinnett County Superior Court Mutual Restraining Order prohibits harassing and intimidating contact, however, it does not require that there be NO contact between the parties. If there has been any recent violence or threat of violence or other act of family violence then either spouse can file an application for a Family Violence Protective Order which if granted would prohibit or limit any contact by the other spouse.