Restraining orders are a common feature of sitcoms and movies, a feature that many do not understand the severity of, and rather, treat with a flippant attitude, and use to threaten their partners and spouses. A restraining order, also known as a protective order, can only be issued when some form of violent threat or intimidation is made, and it must be clear to the court in which the case is held. Restraining orders, if taken out for the right reasons, can be a great option for victims of abuse who are in desperate need of a method of forcibly removing an abuser from their life.Learn all about Restraining Orders, how they work, what they mean for you, and how you should behave is someone gets one against you.
Never suffer willingly at the hands of an abuser. Restraining orders are legally enforced by the police, and if an abuser is caught breaching an order, they can wind up being arrested, fined, or imprisoned.
Here is what you should know when it comes to restraining orders
Legal Advice
It is first important to mention, should you find yourself being abused, physically or verbally, you should waste no time, as mentioned previously, in taking out a restraining order against the abusing party. Restraining orders can take a while to process, so the quicker that you take it out, the quicker you can get peace of mind.
An abuser should never be allowed to continue with their abuse, as it will only make them grow confident and feel that there is absolutely nothing that anybody can do to stop them. When you are seeking injunction help, the first thing you must do is contact an attorney. The sooner you contact an attorney, the sooner you will be safe; some measures can be put in place during a restraining order case that will keep the abuser away from you, and these can be legally enforced also. You should find an attorney that specializes in injunctions so that you can be sure your case will go off without a hitch, and you will be able to return to living a normal life, free from abuse, and free from cruelty.
The Basics
The basics of a restraining order are quite simple. A restraining order is a legally enforceable court order that will protect you from harm at the hands of an abuser or somebody who is harassing you. It can keep them away from you and prevent them from being able to contact you or come anywhere near you. It is a civil order and does not give the offender a criminal record, although they can quickly get one if they ignore the order and persist in contacting you and harassing you.
Obtaining an Order
Obtaining an order, mentioned in the legal advice section, is also quite simple, and must be hastened to if you have been being abused. Anyone who has experienced domestic abuse is eligible for a restraining order. Anybody of any age can take out a restraining order, providing they have been abused. You can also take out a restraining order if somebody is intimidating you or harassing you with threatening phone calls, which is something many scorned ex-lovers do. Obtaining it is as simple as contacting an attorney, which has been explained in-depth above.
What Does a Restraining Order Do?
Restraining orders, or Orders of Protection, are signed by a judge and require the offender to stay a fixed distance from you. The person to whom the order has been taken out against cannot have contact with you whatsoever, whether it be by phone, work, or at home, and you can specify locations they are not allowed to attend. They cannot contact your family either. If you live together, the order can have the person leave the home you share, even if it is in their name. If you have young children, custody will be granted to you and the abuser will be required to pay child support to you.
In some states of North America, the abuser may have to pay damages to you and will have to pay for bills that are due, medical treatment you may have to undergo, and loss of earnings; the judge can also make the abusing party pay for your legal fees. They may also be forced to attend counseling for abuse and violence, as well as attending AA. The police will enforce the order and prevent the abuser from contacting you. The judge can do anything else that he sees reasonable and fit to prevent the abuser from contacting you and to ensure that your quality of life is not impacted too much by the removal of the abusing party.
Violation of Order
If the abusing party violates any aspect of the restraining order, then you must phone the police. Some violations (such as attempting contact, stalking, attending your property, or a relative), or crimes committed such as harassment or trespassing, will be reported by your local police to the court for contempt of court. If found in contempt of court, the abusing party can be arrested and summoned back, where he may be sentenced to a period of imprisonment, stricter restrictions, or fines. Violation of a restraining order is a very serious offense that will not be dealt with lightly, and you can expect there to be massive repercussions upon the abuser if they do break their order, which is why you need to report them.
Now, with the help of this page, you know absolutely everything that there is to know about a restraining order, including how to take one out, the repercussions of breaking one, and what they do. If you feel a restraining order is necessary for your life, then waste no time in arranging one with a local attorney. Bullying and mistreatment must never be ignored, lest your life be lived in misery; a villainous abuser will never stop until the hand of law intervenes and prevents him from being able to contact you or oppress you. There are things you can do to prevent domestic abuse – and you must pursue them. Never suffer silently.
