A restraining order, also known as a protective order is a court order directing a person to stay away from another person for some time or permanently. Usually, such a request is to restrict and ward off any abusers, stalkers, or dangerous persons.
Over the years, restraining orders have become a preferred way to stop abuse and ensure it doesn’t happen again. The law and requirements for protective orders differ from state to state. But here are a few general things you should know about restraining orders.
How are they Issued?
You can apply for a restraining order at the police station or the court. However, make sure that you have all your facts right before filing a restraining request. 70% of all restraining orders are false or made up, and they can result in severe consequences. There are various types of restraining orders, and if you have a genuine case, you can get more than one type at the same time.
Emergency restraining order: The police may give this type of order upon consultation with a judge. This order is typically issued when the circumstances are dire, and the victim’s life may be in immediate danger. And it usually expires after a few days.
Temporary restraining order: A temporary restraining order, also known as ex parte, is given by a judge in the days leading up to your court hearing. The interim order is to protect you until the court decides on the case. It could include directives for the offender to leave your home or have no contact with you until your case goes to court. It usually lasts for two weeks.
Domestic Violence Restraining Order: Judges issue this order after a court hearing. If granted, the domestic violence restraining order can last up to one year. You can extend this order once it’s close to expiring. Alternatively, you can have it extended permanently.
What Does a Restraining Order Grant?
A restraining order could grant several things, including:
- Asking the abuser to stay away from you physically. Also, the abuser must avoid contact with you on phones and social media and avoid visits altogether.
- Granting you custody of the children while ensuring that there is the payment of child support and other expenses.
- Regular drug testing, rehab, and counseling for the offender.
- Any guns or weapons may have to be turned over to the police.
What Happens When a Restraining Order is Violated?
There are penalties and sanctions for the violation of a restraining order. If the offender tries to contact you in any form, report to the police immediately. The offender will be held in contempt of court and may end up spending time in jail, paying fines, or even losing custody or visitation rights. The penalties will also depend on the number of times the offender violated the order and what the circumstances were. Read this article to find out more about what happens when someone breaks a restraining order.
In Conclusion
Restraining orders are an effective way to ward off any intruder or dangerous person. It is using legal means to ensure a safe space for yourself and your family. Once you see a consistent intrusion and harassment pattern, don’t hesitate to file for a restraining order. And the process is not as complicated as you might think. In this post, we’ve shared three simple things you need to know about restraining orders. Those points should help you get started on obtaining one.