| A restraining order is a court order that is issued to protect someone who is being harassed, abused, or threatened. Restraining orders protect battered spouses and their children. Restraining orders typically direct the alleged perpetrator to stop doing certain acts or to stay away from the victim's home or workplace. There are several types of restraining orders: domestic violence restraining orders, harassment restraining orders, and child abuse restraining orders. This article discusses each type of restraining order, how to obtain a restraining order, and the consequences for violating a restraining order.
Domestic Violence Restraining Orders
A person who is a victim of domestic violence or abuse can request a restraining order against the alleged perpetrator. Abuse includes hitting, kicking, pushing, throwing things at the victim, sexual assault, or threatening to abuse the victim. The acts of abuse or violence have to be recent, generally within 30 days, to support a request for a restraining order.
Harassment Restraining Order
A person who is a victim of harassment can seek a harassment restraining order. Harassment includes repeated acts, words, or gestures that are unwanted and intrusive to the victim and that are intended to negatively affect the victim's safety or privacy. Harassment also includes waiting outside the victim's residence in a way that adversely impacts the victim's safety or privacy. Workplace harassment is included in this category.
Child Abuse Restraining Orders
A child who has been sexually assaulted or physically injured is a victim of abuse. The child or a parent, stepparent, or legal guardian can ask the court to issue a restraining order against the alleged perpetrator of the abuse.
How to Obtain a Restraining Order
A victim fills out a form requesting a restraining order. The forms are available at the courthouse. A victim does not need an attorney in order to obtain a restraining order. After the form is completed, the judge will consider the request. The judge can issue a temporary restraining order based on the application or hold a hearing with the victim only. Whether or not a temporary restraining order is issued, the court will set a hearing date on the restraining order. The alleged perpetrator is notified of the hearing, and both sides present their evidence.
Enforcing a Restraining Order
The victim should immediately notify the police if the perpetrator violates a restraining order. The police can arrest the perpetrator for violating the restraining order. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |