Aug 05, · A restraining order, also referred to as a protective order, is a court ordered command to cease a certain behavior, generally involving contact with the individual who filed the restraining order. While the extent of the restraining order will vary case-by-case, a common reason would be a victim filing for a restraining order against an blogger.comted Reading Time: 8 mins A restraining order is a court document that restricts, or eliminates, contact between two people. Restraining orders are usually associated with victims of domestic violence, but can be obtained by victims of any form of harassment. Essentially, a judge decides how far a the defendant must stay away to keep you safe Denver Co Resume Writing Services, Mla Short Essay Length, Check Writing Practice, Geneseo Supplement Essay 97% Free Revision Facility Is Available For Your Satisfaction
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Often associated with domestic violence, restraining orders can be a legal sort of protection for those who feel they are threatened by another individual. However, sometimes restraining orders are wrongfully filed for malicious reasons, and it may be necessary to attempt to have a restraining order lifted.
Orders will likely be specific to each case when it comes to the distance required, places considered off limits, and who the order extends to, but there are some general rights allowed to those with a restraining order against them. Though it will vary by state, there are also general practices for obtaining, restraining order essay, defending against, and lifting a restraining order, as well as the penalties that will come with violating one.
A restraining order, also referred to as a protective order, is a court ordered command to cease a certain behavior, generally involving contact with the individual who filed the restraining order.
While the extent of the restraining order will vary case-by-case, a common reason would be a victim filing for a restraining order against an abuser. The judge would then order that the abuser keep a certain distance from the victim at all times, possibly requiring that they not enter any predetermined spaces of the victim — such as the workplace, home, or other places they frequent. It may also prohibit any form of contact, whether that be by phone, email, mail, social media, or any other method of communication.
There typically has to be a good reason to successfully obtain a restraining order, and some of these include:. Overall, there usually must be some sort of abuse, stalking, harassment, or assault occur or continuously occur, no matter by who. The provisions in a restraining order will likely include some of the following in order to protect the applicant against this behavior:.
Violating a protective order can come with serious consequences as well, even resulting in criminal charges with jail time, fines, and other penalties.
Depending on who the victim is, the nature of the harassment and abuse, and the severity of the issue, it will be determined what type of restraining order will be taken out and for how long. The major types are:. As such, it is required that:. The temporary restraining order will only last for 14 days, after which the order will expire, be extended for another 14 days, or be extended for a period of time with consent from the recipient, restraining order essay.
In even bigger emergencies, an emergency protective order can be set into place. This will usually happen when the police become involved in a domestic violence case where the victim needs immediate protection, but court is out of session for the time being. As such, these generally only last for 24 hours, the weekend, the holiday, or whatever time being until the court is able to again issue restraining orders.
These are often issued as the result of a domestic violence dispute, and it can sometimes be difficult to correctly identify who is at fault in the situation, which is likely why they are so short term.
The recipient of the restraining order will be able to plead their case at their hearing once court is back in session. Permanent restraining orders are obviously more long lasting than the others, ranging from weeks to indefinitely. They are taken much more seriously than the others, so they require that a hearing and trial have been completed, often coming along with the sentencing of a criminal trial to protect any victims.
These orders can be modified as required, whether allowing for more or less contact, restraining order essay, and they have the possibility of being renewed, extended, or even ended.
It will require the process of lifting the restraining order with a judge, who will make a decision in the best interest of the applicant and any children restraining order essay other dependents involved in the situation. They typically require these four points :. In cases where the victim suffers abuse from someone they live with, restraining order essay, they can seek out a domestic restraining order essay restraining order. This would come as the result of a trial where the defendant was charged with domestic abuse, and could come with several provisions:.
Those who are older than 65 or over the age of 18 with certain debilitating mental or physical disabilities may file for a restraining order against their abuser. This abuse can be be financial or physical, whether that be through neglect, abandonment, or depravation of necessities. This would likely include restrictions on the abuser, restraining order essay, such as:. These restraining orders protect victims under the age of 18, whether it be from another minor or an adult, restraining order essay.
These may be important in domestic violence cases where the children are being abused, whether living with the abuser or restraining order essay, as well as to work against dating violence. As such, it will likely include provisions that the defendant may not:. Sexual abuse includes any kind of touching of intimate or sexual parts without consent of the victim, including if they are not capable of consenting at the time.
This may begin as a temporary restraining order and become permanent after a trial — or the defendant fails restraining order essay request or attend a hearing. This can come with a five year restraining order, but it can become permanent if the abuser was convicted of at least sexual misconduct or rape in the third degree and whether the victim is reasonable to restraining order essay in danger.
They will likely not be allowed to:. These orders are much more broad concerning who the abuser or victim can be and can include less violent behavior than the abuse described above, including any kind of assault, restraining order essay, stalking, harassment, restraining order essay, threatening behavior, restraining order essay, or unwanted communication.
However, the abuser cannot be a current or former spouse or partner, anyone the victim has previously dated, or a close relative, such as a parent, child, sibling, or grandparent. Restraining order essay behavior can include:. Employers may seek restraining orders for an employee who is experiencing violence or threats in the workplace. An employee wanting to file for a restraining order would restraining order essay apply for a civil harassment restraining order.
This would require that the defendant not:. They will then be taken to the courtroom where they will be sworn in and attend a hearing with the judge.
After the victim describes the abuse and provides evidence, restraining order essay, the judge will determine if a temporary restraining order may be granted until a hearing can be held with the defendant. Other pieces of evidence to back up the case can include:. If the judge finds the defendant guilty, then a permanent restraining order may be instated, which can provide provisions specific to keeping the victim safe.
Outside of regular business hours, they should contact the police restraining order essay obtain an emergency protective order, but they will probably have to attend a hearing the next day the courts are open. If someone files a restraining order against you, restraining order essay will be served notice through mail or the police. You will then have the chance to attend the hearing where you may present your case and any evidence that could help your case.
But counter evidence of what was really happening will be particularly helpful to defend yourself. Do not destroy any evidence, however, as this could make you look more guilty. You may want to get an attorney, especially if custody of children will become an issue, and any character witnesses you may have. If you are still allowed to have some communication with the protected person, restraining order essay, do not overstep any boundaries.
Any violation of the protective order could come with jail time, fines, loss of custody, a temporary order becoming permanent, and any other number of consequences, restraining order essay. If the restraining order does remain in restraining order essay after the hearing, there may be a possibility of lifting the restraining order in the future.
No matter what, restraining orders should be taken very seriously. You must be logged in to post a comment. What Is a Restraining Order? There typically has to be a good reason to successfully obtain a restraining order, and some of these include: Domestic violence Elder or dependent adult abuse Juvenile abuse or harassment Sexual assault Civil harassment Workplace violence Overall, there usually must be some sort of abuse, stalking, harassment, or assault occur or continuously occur, no matter by who.
Even for temporary restraining orders, they may be asked to leave with only their clothing and personal possessions until the hearing is held. Types of Restraining Orders Depending on who the victim is, the nature of the harassment and abuse, and restraining order essay severity of the restraining order essay, it will be determined what type of restraining order will be taken out and for how long. Emergency Protective Orders In even bigger emergencies, an emergency protective order can be set into place.
Permanent Restraining Order Permanent restraining orders are obviously more long lasting than the others, ranging from restraining order essay to indefinitely. This would likely include restrictions on the abuser, such as: A certain distance to refrain from the victim, which could require the defendant to not be allowed at their own place of employment or home No contact to be made with the victim Loss of gun rights Juvenile Restraining Order These restraining orders protect victims under the age of 18, whether it be from another minor or an adult.
Other pieces of evidence to back up the case can include: Police reports Medical records Photos of injuries Any recordings of or written abuse, threats, or admission of guilt If the judge finds the defendant guilty, then a permanent restraining order may be instated, which can provide provisions restraining order essay to keeping the victim safe.
What to Do If Someone Files for a Restraining Order Against You If someone files a restraining order against you, you will be served notice through mail or the police.
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Understanding The Domestic Violence Restraining Order Process.
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Aug 05, · A restraining order, also referred to as a protective order, is a court ordered command to cease a certain behavior, generally involving contact with the individual who filed the restraining order. While the extent of the restraining order will vary case-by-case, a common reason would be a victim filing for a restraining order against an blogger.comted Reading Time: 8 mins The views expressed in this essay are those of the author and do not reflect the official policy or position of the United States Air Force, Department of Defense, or the U.S. Government. how effectively a restraining order would operate to prevent the threatened danger. Author: Ken Hyle Jun 26, · Restraining order under S (10) A restraining order will only be given by the court when a scheme or an arrangement is proposed to the court under the consideration as accordance to s (1)& (3) to prohibits the court in granting any further action towards the said company. However such application must be applied to court before any orders or resolution has been passed by the
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