Understanding What Restraining Orders Are And How They Work
There is a facet of the law which is used to protect those who are unable to protect themselves-this is called a restraining order
. These court orders, while often mocked as nothing but a piece of paper, are a very important step to keeping oneself and one's property safe.
They are court orders intended to protect you from further harm, from someone who has hurt you, to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence. This may include your home, place of work, or apartment.
It is a civil order and it does not give the abuser a criminal record. A victim of domestic violence can obtain one of these. A victim of domestic abuse means a person protected by the law and shall include any person who has been subjected to domestic abuse by a spouse, or any other person who is a present or former household member, and where the victim is eighteen years of age or older, or who is an emancipated minor.
A victim, of any age, who has been subjected to domestic violence by a person who she/he says will be the father/mother of the child when the pregnancy is carried to term, is also covered by this law. Domestic violence means the occurrence of one or any of the acts which include assault, burglary, criminal mischief, criminal restraint, terrorist threats, criminal sexual contact, trespassing, false imprisonment, harassment, homicide, kidnapping, lewdness, sexual assault, or stalking.
If you are a victim of any of these serious crimes, a judge can sign one of these orders that requires the abuser to obey the law. The order is very specific in as far as what the abuser can and cannot do.
It is written in the law that the abuser can be ordered not to have any contact with you, in person or by phone, at home, work, or almost anywhere you ask the court to put in the order. The order against contact may also protect other people in your family.
The court can order the abuser to leave the house or apartment that you and the abuser share, even if it is in the abuser's name. Except in unusual situations, the court will grant you custody of your minor children.
In some states, the court can also order the abuser to pay child support and support for you. The abuser may also be granted visitation with the children under certain conditions.
If you believe the kids involved could also be in danger, you must notify the law immediately. The order may need to be changed to involve them.
In some states, the court may also order the abuser to pay for costs that resulted from the abuse. What this entails will be decided by the courts.
The judge can also make the abuser pay your attorney's fees, and can make the abuser pay damages to you or other people that helped you or got hurt by the abuser. The judge may order the abuser to receive professional domestic violence counseling, or tell the abuser to get evaluated, or to go to alcoholics anonymous.
You can agree to go to counseling if you want to, but the judge should only make it an order for the abuser. The judge can order the police to escort the abuser to remove personal items from the residence, or shared place of business, so that you are protected by the police during any necessary contact.
The judge has the power under the law to order anything else that will help to protect you, as long as you agree to it. When you first get protection under the law, this order is only temporary.
The order is said to be temporary. You must return to court on the date indicated in the previous law which will be about ten days later in most states.
Both you and the abuser will be asked to appear in court on that date. During the ten day period, the police will serve the abuser with a copy of the order so the abuser will know when the hearing is scheduled.
Keep a copy of the order with you, and give a copy to the police in any town where you think the abuser might bother you. If you are careful to do this, you and your family can remain safe and unharmed.
by: Tom Selwick
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