A restraining order is an edict from the court that forbids a person from having any contact with someone who they have physically harmed, harassed, assaulted or threatened. Restraining orders are governed by local authorities and each state has different provisions for granting them.
What Does a Restraining Order Prohibit?
A restraining order can be tailored to meet the victim's requests. Normally, restraining orders bar the accused from the victim's workplace, home, school or other personal spaces. The order also forbids phone or mail contact, sending gifts or having contact with the victim's family and children. The order prohibits someone from harassing another person in any way, shape or form.
How Long Do Restraining Orders Last?
The three kinds of restraining orders each comes with their own time frame. The first is called an emergency restraining order. Although the emergency order goes into effect almost immediately, it only lasts for about a week, until a court hearing is scheduled and other agreements can be reached. These types of orders are usually issued at the scene of a crime such as an assault when police are called out. The next kind is a temporary restraining order. The temporary restraining order lasts about a month and the victim must petition the courts for it. Permanent restraining orders are indefinite orders issued by the court that last for years. These orders can be extended if the victim feels the need to do so.
What Else Can Restraining Orders Do?
Depending on the state, restraining orders can also force the abuser out of a home shared with the victim. They can also grant temporary custody of children and divide personal and community property in the interim before a final decree of such can be issued by the court. In rare instances, restraining orders can also result in a judgment for damages being placed against the abuser to hold them liable for medical bills, time off from work and personal losses.
Getting a Restraining Order
To have a restraining issued, the victim must petition the court. The only exception to this rule is in the case of the emergency restraining order, which can be issued on site. The victim must show just cause and explain why he feels threatened by the abuser. Additionally, the abuser must be served and sign a copy of the order that was filed against him.
Other Things to Know About Restraining Orders
While many restraining orders are filed in civil courts, they do carry criminal penalties for breaching them, regardless if they were violated in the course of committing another crime. The victim who filed the order can also be held liable for breaching its terms if she willingly has or initiates contact with the accused. It is prudent that victims keep a copy of the order with them at all times.
Caveat
Laws concerning restraining orders vary from state to state. Contact local authorities for information pertaining to your area.
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