Restraining Orders 101
People use restraining orders in order to protect themselves against certain conduct such as: violence, abuse, threats, stalking and even annoying behavior such as excessive contact via email, text message, telephone calls or in-person contact.
The restraining order process depends on the jurisdiction, but usually an individual …
(1) Files paperwork requesting a restraining order.
(2) A judge reviewed the paperwork.
(3) If it is warranted it is granted on a temporary basis and a hearing is set. – Most often no charges are assessed for the filing of a restraining order as this allows the individual to file for protection regardless of expense.
At the court hearing, a judge will question both parties to see if they are opposed to the issuing of a permanent restraining order. Because of the stigma and ramifications a restraining order inflicts, individuals usually don't agree to them or ask for an evidentiary trial.
A temporary restraining order will be granted without assuming guilt until a trial can be scheduled. If it is proven that the conduct described actually occurred and one party should be restrained, a permanent restraining order will be granted for anywhere from several months to 5 years in some states.
Common Terms
Protected party: The one seeking a restraining order;
Restrained party: The one against whom the restraining order is sought;
TRO: Abbreviation for temporary restraining order.
Permanent restraining order: One that is granted for a period of months to (5) years by agreement or after a full evidentiary hearing or trial.
Filing fee: The fee charged by the county entity for the filing of any family law document.
Why restraining orders are a problem in divorce? First things first, it is important to state that violence is unacceptable regardless of the time or place. If you are the victim of domestic violence you need to seek immediate help for yourself and your children.
For the remaining group of people however who have applied for restraining orders simply because they are angry with their soon to be ex-spouse, this paragraph is for YOU: Restraining orders are a problem when they are granted to people who really don't need them because they become an inhibitor to normal communication.
A restraining order, whether permanent or temporary, is not an object the protected party can use to wield at the other party." Actually, they are mutual meaning that neither party can contact, communicate with, harass, annoy or irritate the other. Even though you are the "protected party" you still may not call or text your ex-spouse if there is a restraining order unless the court has specifically allowed both of you to engage in certain contact.e. communicating a critical message in regards to the children.
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