Restraining or protection orders are given directly by the court where a person is mandated to keep a given distance away from you.
Under What Circumstances Can You File For A Restraining Order?
If a person has caused you bodily harm, has harassed you or has made serious threats against your safety, they will all qualify for a protection order.
The most common cases where a restraining order is recommended is during nasty divorce proceedings or while exiting abusive relationships. If you have suffered any type of violence or abuse from your partner, you can get a restraining order. This is especially true when minor children are involved.
Other cases where a protection order is considered acceptable include sexual harassment, burglary or false imprisonment.
What Does A Restraining Order Do?
The perpetrator who has done you wrong is required by law to follow the guidelines set forth in the official order. Ignoring the order means further legal repercussions for the abuser involved. Usually, with a restraining order you have the right to cut off all forms of contact including texts, emails, phone calls or personal visits.
If your family was a victim of a crime, this order can offer a higher level of protection.
If the abuser is a person living in your home, they will generally need to move out. Should children be involved in the proceedings, their sole custody is usually granted to the person filing the restraining order.
Are All Communication Truly Forbidden?
In most cases, a restraining order outlines that the abuser can’t make contact in any form i.e. letters, emails, texts, direct phone calls or communications through third parties. When the parties share a child, the court will normally authorize specific communication regarding the child. Once a restraining order is issued the abuser can be charged with criminal misdemeanor for any unauthorized communication at all, including any form of harassment, stalking or threatening.
The important thing to understand about restraining orders is that they are short-term in the beginning. They only last 10 days and both parties will need to make a court appearance. A judge will make the final decision whether the order should be extended, and if so, for how long.
If you feel threatened and wish to take action, get in touch with Mary Daugherty at Daugherty Law LLC to start the restraining order process!