Restraining Order Info
Do you need a restraining order for yourself and/or your children? You can find out much of the info you need right here. You will always need to check with your city to get the most accurate information for your situation, as these legalities do vary a lot from place to place.
First of all, violence should not be tolerated. We live in the USA, where we are all supposed to have "rights." When it comes to domestic violence, there are lots of laws in place to assist women or men, especially women though. Some of these laws are called injunctions, which is supposed to keep the status quo and make things fair again for the person who's rights are being violated.
An RO will help a victim of violence so that the abuser cannot:
See protective order below
- Enter the family or your home/property.
- Bother you at your job.
- Have contact with a child that is his/hers if that is an issue.
- Sell marital property or your property.
If any type of domestic violence is happening to you by a spouse or a boyfriend or girlfriend, you have the right to seek out the law to forbid it. Then, you will hopefully have some peace. If not, and the order is NOT followed, you can petition the court to enforce the order, or take the person to court for contempt of the court order.
Who Can Get a Restraining Order?
Usually, it is typical for a person to get one when his/her spouse, or boyfriend/girlfriend is abusing the person or her children. The types of abuse are usually related to physical (hitting, punching, biting, bruising, maiming) or sexual issues.
If you are being abused, or you need a temporary order to get you through a rough time period, it's important that you do get help. There are lots of agencies that can help.
The process is easy: you go to the Police Department in your town and explain your situation. They will help you get the order started. You will probably need to go to court to get the order finalized. But, you will be given some information that is specific to your area, such as shelters and hotline info, if that is necessary.
ROs are usually granted without much or any proof, so in one way, it's a good thing when it's real, but many cases are simply not true. Some women, especially, do tend to attempt to punish their spouses for wrongdoing by filing for one. So, use this wisely, as it could lead to criminal charges for the person you would file one against.
Types of Restraining Orders
Emergency Restraining Order: Police monitoring an active domestic violence situation may call a judge to ask for one for immediate protection of a victim. This gives the victim time to file for an RO soon after the incident.
Temporary Restraining Order: Temporary ROs vary a lot from state to state. Some last a week-a month, until the court date for the "normal" RO.
Restraining Order: This could be for a designated time period, or it could be permanent. If it is permanent, then ONLY the victim can lift the restraining order, if the problem is alleviated later.
Protective Order: These are separate from an RO, but could be potentially necessary. If there have already been criminal charges against the person, you will want to ask for a protective order also. It could be limited, which allows contact, or full/no-contact for more protection.
If the Order is NOT Being Followed
The victim should call the police immediately. This will be important documentation--do this each and every time the order is not followed.
File the petition to enforce the order and return to court to enforce the order. The victim must actively pursue the legal aspects of enforcement, otherwise, the judge won't know that you or your children are in danger!
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One book that seems like a good investment on this topic is: Injunctive Relief: Temporary Restraining Orders and Preliminary Injunctions, by Kirstin Stoll-DeBell,Nancy L. Dempsey, and Bradford E. Dempsey. The American Bar Association recommends it also! You can find it in my Amazon Store for far less than the ABA's price.
Other Real-Divorce Articles you may find helpful:
Disclaimer: The information on this site is for educational purposes only. It is not legal advice and may not apply to your situation. I take the time to gather the best information to those going through divorce, and offer a place for readers to learn, get support and fantastic resources, and find applicable products that are a good fit for them. You can support this site by purchasing high quality products or services from the sponsors I link to.