Restraining orders are court orders that restrict the actions of a person, who may try to harm another person physically, mentally, or emotionally. Some of the prohibited actions may include harassment, stalking, and domestic abuse. Most of these orders are taken while the civil case may be pending in court. To know more about them, you can click here or get in touch with a lawyer offering these services. There may be plenty of them and you should contact the best one.
What is the purpose of restraining orders?
The major purpose of restraining orders is to protect someone from another person, who intends to harm him. Generally, it can be obtained for relatives, friends, spouses, and even people having a relationship in the past. Some of the mandates of restraining orders are:
- Instructing the person not to make any physical or verbal contact
- Directing the person not to come near the victim from some distance such as 100 meters.
- Relocating minor children to different locations
- Prohibited to enter the home or property of the victim
- The purchase of firearms is not allowed by the abuser
- Directing him to sell the property
Depending on the situation, different types of restraining orders can be obtained. Some of them are mentioned below:
- Emergency protective orders
- Temporary restraining orders
- Domestic violence
Getting the restraining order
First, the police will get emergency retraining orders depending on the severity of the situation. Later, when the case is pending in court, the judge can issue a temporary restraining order. Generally, it lasts for a few weeks.
As the case progresses, the person may ask for permanent restraining order depending on the situation and the case. If the offender violates these orders, the charges and penalties may be criminal in nature even if the case is under civil law. The penalties may include fines or imprisonment depending on the violations. A criminal defense lawyer can play a vital role in such a scenario.
These orders can be made permanent or extended depending on the need. Moreover, you will have to prove in court why they are necessary. If a person violates these orders, separate offenses will be added to the already existing case. It is highly recommended to obtain several copies of a restraining order so that you can spread them at your workplace and child’s school etc.