If you have anyone around you who is making you uncomfortable or if someone is bothering you to the extent that you feel threatened by their presence, then this blog is just the thing that you need to read. The first and the most important thing that you need to know is that your personal space is important and valuable. Therefore, if you feel that your personal space is being violated, then you have to make sure that you speak up against it and take legal actions.
On the other hand, if someone wrongfully files restraining orders against you, even then, you have a lot of legal options to prove your stance. However, in both these cases, you’ll need a good Restraining Order Lawyer, or else you won’t be able to get any positive results that favor your circumstances.
More often than not, people don’t understand the law, and therefore they endorse the abuse because they think they don’t have any option. If you are one of those people, then you don’t have to tolerate anything that makes you feel violated. This blog is going to help you in understanding everything about the restraining order.
So, without any further ado, here’s everything that you need to know:
What are the Basics of a Restraining Order?
More often than not, everything people know about restraining order is wrong at some level. But, you don’t have to worry about having the wrong information because I am going to cover you with all the facts that you need to know about it.
Basically, a restraining order is to protect you from any kind of abuse, threat, harassment, stalking, or assault from any particular person. A restraining order can forbid a person to enter your property or from the scene of violence. It could be any place like your home, apartment, or even your workplace.
Put simply, if you have filed a restraining order against someone, then the court will legally bound them to not be in close vicinity to you. The court can forbid a person to go to some particular places based on the nature of your restraining order.
One of the most important clarifications is that a restraining order does not give the abuser a criminal record. It just means that that the person will have to follow the orders given to them by the court, and that is it. It is not going to show up in the criminal profile of the abuser as long as they don’t violate the order of the court given to them in the restraining order.
How Can You Obtain a Restraining Order?
Although there are many conditions in which the victim can file for the restraining order. But, mostly restraining orders are taken by the victims of domestic abuse. There is no age limit for you to obtain a restraining order. If you are subjected to domestic violence by any of your parents, sibling, friend, fiancé, or even by your boyfriend, you can get a restraining order against the abuser without any trouble. All you have to do is to get legal help if you don’t want anything to go wrong that can put your safety at risk or make your case look weak.
Apart from domestic abuse, there are many other conditions in which you can get a restraining order. The following list is not all-inclusive, and there are reasons other than the following in which you can get a restraining order against someone.
Physical Assault
If someone assaults you physically and tries to harm you by attacking you physically, then you should not wait and waste even a minute more. File for a restraining order against the person who tried to physically harm you because if you don’t stop them, it’ll encourage them to attack you once again, and this time they may not miss, and you may end up losing your life.
Criminal Mischief
If someone is trying to disturb you by pulling pranks that can constitute as borderline crimes, then you should immediately file a restraining order against. If you keep ignoring their stupidity, then they may not stop and may end up hurting you or your property. For example, if someone threw a rock at your window and, as a result, broke the window mirror, then you can get a restraining order against them under this category.
Criminal Sexual Contact
If you have encountered a criminal sexual contact from anyone and you are afraid that they will not stop even if you warn them, then you should get a restraining order against the sicko before it’s too late. You may think that it is too much effort, so you may decide to leave it at the chance; it is exactly where you are wrong. Don’t put yourself at risk like that, and make sure that you get a restraining order against the abuser as soon as possible.
Harassment of any sort
Harassment of any sort is also one of the most common categories in which restraining orders are applied. It means that if you are feeling harassed by anyone, in particular, you can just go to the court and get a restraining against them before they cause any more harm to you.
Any Kind of Stalking
If you’ve got any stalker, then don’t live in fear of being attacked by them anywhere, anytime. More often than not, it’s someone you know who is stalking you. So, get a restraining order against them and get rid of them once in for all.
Sexual Assault
You can get a restraining order against your sexual abuser, even if your case is in the court. If you feel that they can harm you again during the investigation, you can simply get a restraining order and feel safe.
Criminal Trespass
It is against the law to enter someone’s property against their will. If someone is purposely trespassing your property, then you can put them back in their place by getting a restraining order against them.
How does A Restraining Order work?
Different restraining orders have different restrictions. However, if you are a victim of domestic abuse, then the judge signs an order of protection. This kind of protection order is very specific and clearly states what the abuser can and can’t do.
However, the conditions of the restraining order depend highly on the merits of the case. Therefore, it is extremely important that you talk to your attorney about your concerns clearly so that they can make a case that ensures your complete security.
What is the Expiry Date of a Restraining Order?
In most states of the USA, the restraining order lasts for ten days on average. After the period of the ten days is passed, both the victim and the abuser are summoned in the court for the hearing. In those ten days, a copy of the restraining order is given to the abuser and provided in the police stations of the town. You can give a copy of the order in the nearby police station’s sheriffs if you think they can bother you there. You must keep a copy of the restraining order with you all the time in the period of those ten days.
What Will Happen After the Court?
After the first hearing, the court requires you to meet the judge in the absence of the abuser and explain your current situation. If you are still bothered by the abuser, then the court may extend the temporary restraining order. However, if the abuser doesn’t show up in the court, then probably the TRO will be extended. If the police confirm that a notice has been served to the abuser and they still don’t show up, then the court will take further actions against them.
But, What if Someone Violates the Restraining Order?
If the abuser violates the restraining order, then you must immediately call the police. For example, if the abuser comes to see you at your place, then you must inform the police. However, if they violate the restraining order by committing a crime like harassing, stalking, trespassing, or assaulting you, then the police will file an official complaint against them, and they may be charged with the contempt of court.
Next Comes the Filling of Criminal Charges
Lastly, you must know that filling a restraining order is not just enough. It is just a temporary solution to protect yourself from the abuser. Meanwhile, you should not forget that if the person has abused you in any way that constitutes a crime, then it makes them a criminal. Not filling the charges will mean that you are leaving a criminal out in the open to commit the crime again and again. So, make sure your abuser faces the consequences of their actions so that they can’t make someone else their victim and make their life difficult as they made yours.
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