What is a Restraining Order?
A restraining order is a Court order against an individual, which prevents them from having any sort of contact with another individual. Restraining orders can last from several days to several years. Restraining orders typically include criminal penalties if the restrained individual violates the Court order. Restraining orders are most typical in domestic violence, stalking and abuse cases.
Temporary Restraining Order (TRO)
A Temporary Restraining Order (TRO) is like a normal restraining order, except it is for a limited duration. A TRO usually expires within a few weeks, when a full Restraining Order hearing can be held. In most states, obtaining a TRO is a relatively simple and easy thing to do.
Enforcing Restraining Orders
Restraining orders typically involve civil (non-criminal) disputes and can only be enforced through a civil proceeding. The role of the police in upholding restraining orders is merely supervisory, and the degree of willingness that a particular police department may exhibit toward the enforcement of restraining orders varies widely. Thus, the most effective way to enforce a restraining order is to file a request with the Court to find the other party in contempt or violation of the restraining order.
Additional Information about Restraining Orders
The following are important points concerning restraining orders: - The Court forms for obtaining a restraining order come with instructions, but it may be wise to consult with an attorney to ensure proper completion.
- There are a variety of advocacy clinics and battered women's clinics that can help an individual fill out the restraining order forms at little or no cost.
- After a restraining order is granted, report every violation no matter how minor to the Court that issued the restraining order. If a pattern is establish, the restrained person can be held in contempt of court.
Do I Need an Attorney to Get or Contest a Restraining Order?
Given the sensitive and serious nature of restraining orders, it is probably wise to consult with an attorney. Speaking with the proper lawyer will inform you of your rights as well as preserve any possible remedies you may have.Vea esta página en español: Órdenes de Impedimiento o visita Abogados-Leyes.com para más información legal.
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