5 Things You Need to Know About Restraining Orders

As you may know, a restraining order is an order of protection that a person can use to escape harassing or threatening behavior – not to mention instances of domestic abuse and/ or violence.

It is well known that, in some cases, restraining orders can save lives. As such, it is recommended that you visit restraining order lawyers when looking to protect yourself rather than other types of lawyers – as they’ll be able to advise and help you properly.

However, before you do that, here are a couple of things that you need to know about restraining orders!

Getting a Restraining Order

To apply for a restraining order, you’ll first have to fill out a petition for one and then file it with the court. Keep in mind that most courts have their protective order processes displayed on their websites.

After you fill the petition, the court will set up a hearing to solve the matter. On top of that, the court will also grant you a temporary restraining order.

Temporary Restraining Order – TRO

A temporary restraining order prohibits contact between two people and is enforceable by the police. It usually forbids a certain person from approaching another one. There are also cases in which a restraining order can restrict gun ownership.

A TRO, on the other hand, is often released by the court while the petition for a restraining order is debated. It is used as a preventive measure, in case the person filing for the order is, in fact, in danger. 

Responding to a (Temporary) Restraining Order

If someone files for a restraining order against you, then you will receive a notice of the said order, as well as its conditions and the dates of future hearings. 

You can respond to an order via a written response through which you agree to participate in future court hearings. The latter may include witnesses, as well as the presentation of evidence.

Appealing a Restraining Order

Even if a restraining order is issued against you, you can still have it modified, amended, appealed, or dismissed. You can appeal a restraining order on paper – in court.

Naturally, there are better, as well as worse, ways to appeal a restraining order. Your best call is to consult with a lawyer and determine the best course of action.

Enforcing a Restraining Order in a New State

The good news is that a restraining order is required, by federal law, to be honored and enforced by other states. Naturally, this means that you shouldn’t worry about your order being canceled if you move to another state.

The authorities are required to enforce any valid protection orders that are issued, no matter the state they were issued in.

The Bottom Line

When it comes to restraining orders, things are not that complicated. However, some people think that they can get one if they report someone to the authorities.

Naturally, that’s not the case, because a restraining order must be looked at by a court and then determined whether it’s viable. As we mentioned above, the approval or appeal of a restraining order may also imply evidence and witnesses.

Comments 1

  1. Alice Carroll says:

    Thanks for the tip that resources on how to file a protective order are readily available online. After an arduous process that spanned years, my aunt has finally succeeded in divorcing her husband and got custody of her son. She plans to also file a protective order so that her ex wouldn’t be able to approach them anymore.

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