During your separation, you might enter into a confidentiality agreement. A gag order might be placed to prevent you from discussing specific issues. However, these orders cannot be used to prevent you from discussing matters related to abuse or criminal activities. Suppose you find yourself in a situation where you don't know how a confidentiality agreement might affect your ability to discuss a controversial issue. In that case, you can talk to a family lawyer.
The Balance of Power During a Divorce
One of the concerns during a separation or a divorce is the power imbalance that might exist in a relationship, which can include the relationship between you and your ex and the relationship between your ex and your children. For example, you focused on raising your kids while your partner worked. As a result, they might have control over the finances.
How Gag Orders are Used
Imagine your partner has a very high income. In that case, they might try to use a gag order to protect their career by preventing embarrassing information from coming out. Suppose you are subjected to a gag order. In that case, it's essential to determine precisely what you are restricted from doing to comply with the order. You should also challenge the order and discuss this with a family lawyer.
How to Lift a Gag Order
After you have spoken with an attorney, you might build an argument for why your ability to communicate is protected under free speech grounds or why the gag order would be considered burdensome. You must explain why the gag order was explicitly placed to suppress your free speech rights while citing examples. Sometimes, the order might be temporary to ensure your loved one receives a fair trial.
When children are involved, the child's best interest is another factor that is weighed with freedom of speech. If it’s necessary to discuss a situation that will affect your child's well-being — and it would be hindered by the gag order — you could have it lifted or modified.
Preparing for Your Trial
You will likely need to attend a hearing to modify the existing order. Fortunately, a family lawyer can help prepare you for the hearing. They will also represent you during the hearing and help you make a good impression on the judge. If there are any legal arguments you might not know how to make, your attorney can also make them on your behalf.