Types of Restraining Orders
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What Are Some Different Types of Restraining Orders?
Restraining orders may be issued by a judge in certain family law cases. Restraining orders require a person to either take action or refrain from taking certain actions. There are many different types of restraining orders. The type of order issued depends on the needs of the victim. Some of these types may include:
- Permanent Restraining Order: this is a restraining order that is enforced constantly and is not lifted unless ordered by a judge.
- Temporary Restraining Order (TRO): This is a restraining order that applies for a specified period of time, after which it will expire.
- Emergency Orders: Many restraining orders are issued in conjunction with a trial. However, emergency orders may be issued separate from any trial and on short notice in order to provide the person with immediate protection.
- Ex-Parte Order: This is a type of order that is obtained without the other party being present (i.e., only the party requesting the order is present). Many emergency orders are also ex-parte orders
Thus, many states classify restraining orders according to their purpose and the way that they are issued.
What Other Types of Restraining Orders Are There?
In addition, restraining orders can also be classified according to the terms set forth in the order. For instance, a restraining order can be:
- No-Contact: Here, the defendant is not allowed to communicate with the victim. This may include methods such as telephone calls, e-mails, text messaging, online chat, etc.
- Limited Contact: Here, the defendant is only allowed communication through specific channels. The court may often designate specific times or places where the meetings can occur.
There are also a variety of more specific restraining orders, such as workplace restraining orders and juvenile orders.
What If a Restraining Order is Violated?
Violating a restraining order is highly discouraged, as they can lead to consequences such as court fines, contempt orders, and in some cases, criminal consequences. Also, violations of court orders can affect other areas of life such as child visitation.
Do I Need a Lawyer for Help with a Restraining Order?
Understanding the different types of restraining orders can sometimes be difficult to do. You may wish to hire a lawyer if you need assistance with obtaining a restraining order. Your attorney can provide you advice on obtaining a court order, and can also inform you of your state’s laws. Also, in the event that you need to file suit or appear in court, your lawyer can be on hand to represent you.
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Last Modified: 01-06-2014 03:37 PM PST
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