Reasons For Restraining Orders – Part 2
In part one of this article, we reviewed three common reasons why a restraining order is issued. Part two covers two additional reasons and provides advice on restraining orders.
4. Involuntary Restraining Order: Sometimes, however a restraining order will ensue even if neither party has requested one and begins as a protective order (an emergency form of a restraining order issued by the police). This happens when children are involved and an abusive event takes place in the presence of the kids. It is assumed that parents who perpetuate domestic violence are placing their children in danger and typically the perpetrator will find him or herself on supervised visitation if they have assaulted the other parent in the presence of children. On the other hand, the state (or Department of Health and Human Services/Child Protective Services) will require the parent victim to request a protective order.
In the event the parent victim fails to file a restraining order, the assumption is made that the parent is putting their kids in danger by not protecting them from the abuser. The restraining order, while just a piece of paper, is meant to protect both parent and child(ren) from future abuse until the perpetrator has participated in parenting classes, anger management and/or drug and substance abuse counseling, for example, or whatever might be ordered by the court. This type of TRO may arise in an otherwise intact family that is not contemplating divorce at all.
5. Couples That Aren't Married: A restraining order can be filed between non-married couples if certain legal requirements are met.
The penalties and consequences of having a restraining order are surely harsh. All TROs are placed into a centralized legal tracking system that alerts police to the order. Therefore, if the individual gets in trouble for a minor traffic violation, the order the law enforcement sees it. In addition, the person may be prevented from going places they normally visit if the other party is there.
This situation is compounded by the existence of children, custody orders and how to navigate around the orders when there is regular contact with an ex-spouse without violating those orders.
Regardless of the reason a temporary restraining order was initiated, only three pieces of advice can be offered:
(1) If you are the victim of domestic violence, do everything you can to protect yourself and your children because there is no excuse for this type of treatment.
(2) If you have an anger problem, watch your temper and aggression and avail yourself to the many programs out there designed to help men and women manage hostility.
But on the flip side, (3) Understand that a false application for a restraining order based upon false information is considered perjury, which may constitute a felony in most states.
