A restraining order can be a vital protective tool in order to protect someone from abuse, harassment, or violence. There are many types of restraining order but they generally serve to enforce three main actions: restrict conduct, enforce distance, or expel residents.
Conduct restricting protective orders may legally forbid someone from calling, talking to, attacking, or destroying the property of the protected individual. Distance enforcing protective orders demand that someone stay a certain distance from the individual’s home, work, vehicle, or other important life places. Finally, residential expulsion orders require that someone leave the residence of the protected person taking only essentials until a court hearing decides further details.
A restraining order, also known as a protective order, is a legal document that is intended to protect an individual from abuse or harassment. A restraining order is a formal declaration by the Court that the named individual should have no contact with the protected individual.
There are multiple types of restraining orders, each with their own uses and limitations. Some restraining orders, such as an emergency protective order, can be implemented by emergency personnel, while other types of restraining orders require a filing with the court to become active.
In order to acquire a restraining order, the applicant must complete an application, file it with the court, and demonstrate to the court that the individual has a reasonable belief that they are in imminent danger due to the actions of the named individual. This demonstration could include a police report, accounts of abuse or harassment, or any other evidence that shows malicious intent toward the protected individual. If the court finds that the belief of danger is reasonable, they may grant the restraining order.
Restraining orders vary in length of time depending on their purpose. An emergency protective order only lasts for three to seven days, enough time to file for a more permanent restraining order with the court. Similarly, a temporary restraining order only lasts as long as the court is considering granting a full permanent restraining order.
Despite the name, a permanent restraining order does not actually last forever. If granted, a permanent restraining order will only remain in effect for one to five years.
Not necessarily. Temporary restraining orders are logged with the police in order to ensure that they are enforced but can be expunged if the judge finds no reason to instate a permanent restraining order. However, if during the course of the permanent restraining order hearing the court finds reason to enact a permanent restraining order, then that will go on the permanent record of the individual it has been filed against.