If you’ve watched prominent situational comedy shows on television or just about any drama, you would know that restraining orders are usually dished out to characters that will have a fallout in relationships. But what are restraining orders, and how do they function?
Restraining orders, or protective orders in some states, are a way of keeping a safe distance between you someone who has been harassing you. Of course, to warrant a restraining order, there needs to be clear evidence that harassment and intimidation have occurred.
In the United States, 20 people are physically abused by a domestic partner every minute. That means that 10 million men and women are victims of domestic abuse. ; What’s the right way of stopping these types of abuses? Restraining orders are a tried and tested method of stopping someone from getting into a specific distance.
Restraining orders aren’t just limited to domestic abuse and other forms of violence. There’s a variety of different situations that can warrant a restraining order. We’ll be talking more about that later on. Nevertheless, this is an excellent option for individuals who have been experiencing different forms of abuse and need a quick legal process to prevent physical contact with the abuser anymore.
The Basics
First, we have to discuss the basics of restraining orders and how they function before we look at how we can obtain one.
Legally, a restraining order is a court order that is issued to protect you from more physical harm. That will save you by keeping you at a safe distance from your abuser. Most of the time, restraining orders also encompass different venues, such as your home, workplace, and commercial places.
If the offender breaks the regulations stated in the restraining order, this can result in the court finding contempt on the individual. Most of the time, the violation can come in stalking, assault, and domestic violence. That will inevitably lead to an arrest and a prosecution on the criminal offender.
It’s important to note that state codes will typically contain different rules and regulations on addressing arrests and how bail should be paid for individuals who have been violating these orders.
How Do You Obtain One?
Restraining orders are usually issued for domestic abuse victims, but this can also encompass various abuse and harassment types.
This law also covers victims of any age subjected to domestic abuse by any person who claims to be parent and custodian from pregnancy. That also covered victims of any age subjected to violence by individuals with whom they have a romantic relationship.
It’s important to note that you should consult with your civil litigation attorneys beforehand regarding the matter. Getting advice from professionals and supervision on what you should be doing can help expedite the case and make the legal process quicker and smoother.
Domestic violence occurs when multiple instances of harassment are done to the victim. Most of the time, those that are bring abused will not know it until someone points it out for them. The following criminal acts can also warrant a restraining order:
- Assault with intent to harm
- Burglary
- Mischief
- Kidnapping and restraining the individual
- Rape and sexual harassment
- Trespassing into private property
- False accusations and imprisonment
- Homicide
- Acts of lasciviousness
- Stalking
What Does It Do?
The first thing that a judge will do is file an order of protection from the court, which means that the abuser will need to obey court rulings.
- The court can order the abuser to leave the home you are currently inhabiting even if the abuser is the home’s proprietor.
- The abuser is not allowed to have any physical contact or communication with you. This order may also extend to other members of the family.
- The court can grant custody of children. The abuser will usually be the one to pay support for the child.
- The court can order the abuser to pay damages and costs done by the abuser.
- The court can order the abuser to attend counseling on domestic violence.
- The judge will have authorities escort the abuser as he removes all of his items from their home.
- The court will reserve any other power if your safety is compromised.
In summary, a restraining order is particular on what it does and doesn’t cover. Domestic violence can be subtle and can come in many forms, and most people won’t realize it until the damage has been done. Restraining orders are an effective way of stopping any more violence that might happen. If you’re continually experiencing domestic violence, it’s essential to let your litigation attorney know and issue a restraining order as soon as possible.
