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Restraining Orders

Don’t Break the Rules of a Restraining Order!

Don't Break the Rules of a Restraining Order!

When filing for a restraining order an individual is seeking protection from a person that they feel is a threat to their safety and their well being. The offender may have subjected the victim to physical brutality in the past, or the perpetrator may have threatened the petitioner. When a restraining order is authorized, a judge outlines the behaviors that the offender may not take part in. For example, the perpetrator may be forbidden to from coming within a designated distance of the victim’s home or workplace. 
They may also be prohibited from contacting the victim at work or at home by email, phone, or face to face communication. Once a restraining order is issued, an offender may not be allowed to contact the victim, including trying to establish contact through friends and family members. If an offender violates the conditions of a restraining order they may be subjected to fines and incarceration. 
The punishment for breaking a restraining order will vary a great deal based on the perpetrators criminal history and the severity of the offense. When filing for a restraining order there are a few things that a victim should keep in mind about order breaches. In order for an offender to be legally responsible for upholding the conditions of a restraining order they must first have knowledge of the court order. There will be a gap of time between when the victim partakes in filing for a restraining order and when the temporary court order is served to the offender. 
If the perpetrator attempts to contact the victim before they are served the order, then they can not be held responsible for breaching the terms of the protective order. After an individual takes part in filing for a restraining order there may be a short time period before the judge is able to review their case. However, once a restraining order is authorized, it will remain in effect until the designated date of expiration. Changes can be made to a protection order by a judge.
Another thing that individuals filing for a restraining order should remember is that a protective order may not be effective in another country, state, or province. If an individual temporarily or permanently leaves their current location, then they may no longer by legally protected from contact and communication from the offender. If a victim relocates to another state, they should speak with an attorney and present a copy of their protection order to the local court. 
The court will be able to provide the individual with information about the status of their court order in that state. A victim may be required to obtain a restraining order in the state in which they are now residing. If an offender breaches the terms of a protective order, the petitioner should contact their local law enforcement agency, even if it is only a minor incident. The law enforcement agency will keep a record of the instances in which the conditions of the court order was breached. 
These records may be necessary if the perpetrator partakes in more serious violations. Though a restraining order is a civil order and does not leave the offender with a criminal record, breaching a protective order is a very serious legal matter. Individuals who violate the term of a restraining order may be charged with a misdemeanor. This may require them to pay over $5,000 in fines or to receive up to a year of jail time.

How to Get a Restraining Order

How to Get a Restraining Order

An individual who has been subjected to physical violence, sexual assault, psychological abuse, harassment or stalking should consider obtaining a domestic violence restraining order. The process that is involved with obtaining domestic violence restraining orders may vary a great deal from state to state. However, there are some procedures that will remain the same no matter what state the petitioner lives in. 

If an individual feels that they are in immediate harm from their abuser, they should contact their local law enforcement agency right away. Once they have been relocated to a safe environment, the victim should begin the process of filing for a domestic violence restraining order. Individuals who are considering petitioning for domestic violence restraining orders can receive information about this process by contacting a domestic violence organization, a battered women’s shelter, or the local law enforcement agency. First, an individual will be required to file a complaint against the offender at their local courthouse. This will require completing paperwork that will provide the court will contact information for both the victim and the offender. 

An individual who is filing for a domestic violence restraining order will be required to detail the events that have caused them to seek legal protection. They should write an intricate report describing the incidents in which their abuser subjected them to domestic abuse. This may include behavior such as pushing, beating, and threatening. It may also include stalking and harassment. A person should note any behavior that has caused the victim to feel unsafe and at risk for harm should be cited. Individuals who are seeking to obtain domestic violence restraining orders should provide the court with evidence of the abuse. This may include images of the physical wounds that the victim sustained as a result of violence. 

If an individual has previously filed complaints or incident reports with their local law enforcement agencies, then they should provide the court with copies of these documents. If the victim has written threatening e-mails, print them out and provide them as evidence. This evidence will help to convince the judge that the perpetrator is dangerous and that he/she may possess the ability to psychologically or physically harm the victim.

After the paper work is completed and the evidence if presented to the court, the judge will review all of the relevant information and determine whether or not the victim is in need of a domestic violence restraining order. If the judge feels that there is reasonable evidence that the victim is in danger, then the judge will authorize a temporary domestic violence restraining order. 

These domestic violence restraining orders are temporary and only last for about ten days. The order will be delivered to the perpetrators home in order to inform them of the court’s decision. A hearing date will be set which both the the offender and the petitioner will be required to attend. At this hearing, the duration of domestic violence restraining orders can be lengthened, sometimes up to two years. If an individual feels that they are in danger of being harmed by another individual, they should seriously consider filing for a restraining order.

What Can a Restraining Order Do?

What Can a Restraining Order Do?

If an individual is being threatened, harassed, stalked, or otherwise feels that they are in danger, they should research information on how to get a restraining order. Although obtaining restraining orders is not always necessary, becoming familiar with how to get a restraining order may help an individual to quickly act if the necessity arises. 
Restraining orders are court orders that are used in order to help keep an individual safe and secure. Restraining orders are used in order to provide an individual with protection from a person who may be dangerous or harmful. If an individual feels that they their psychical or psychological well being is being threatened, then they may choose to petition a court for a restraining order. Restraining orders are often used in cases of domestic violence. 
Individuals who are subjected to intimate partner abuse often sustain severe physical injury and they may be threatened with death. Individuals who find themselves in this situation may choose to research how to get a restraining order. Information on this procedure can often be obtained by contacting a domestic violence organization, battered women’s shelter, or a local law enforcement agency. 
Restraining orders will legally require an abuser to stay away from their victim. Restraining orders will be extremely definitive about the behavior that an offender may or may not take part in. If an abuser is living with their victim, then restraining orders can require the perpetrator to leave the home and relocate to a new environment. This is true even if the apartment or house is in the name of the offender. A perpetrator may be required to stop communicating with the victim. 
This includes contact by e-mail, telephone, text message, or in person. When individuals petition for restraining orders, they can ask the court to prohibit the offender from going near certain locations. In most cases, a perpetrator will be required to remain a designated distance away from the victim’s home and place of employment. A judge may also require that the local law enforcement agency to provide the victim with police escorts. If an individual feels that their family members are in danger, they may choose to file for a restraining order for their relatives.
After an individual learns how to get a restraining order and petitions a court for legal protection, the petitioner may be entitled to compensation for any damage that the perpetrator has caused. This may include medical bills, the cost of relocation, and payment for any work missed due to physical injury. If lawyers are involved, the offender may be required to pay the victim’s legal fees, and may also need to take care of any immediate and pending household bills. 
In cases where children are involved, the petitioner will almost always receive custody of the children. The judge may also require the offender to pay support for both the victim and the children. A judge has the ability to demand that an offender seek counseling or treatment for substance abuse problems. These court orders help to provide a victimized individual with the protection that they need in order to get back on their feet. If an individual is suffering from domestic violence, they should find information on how to get a restraining order and consider petitioning the court for legal protection.