subject: Bruce H. Lehr Attorney: What is a Restraining Order? [print this page] Bruce H. Lehr Attorney: What is a Restraining Order?
Bruce H. Lehr Attorney: What is a Restraining Order? By Bruce H. Lehr Attorney
According to Bruce H. Lehr Attorney, a Restraining Order is a court order that is 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, which may include your home, place of work, or apartment. It is a civil order and Bruce H. Lehr Attorney informs that it does not give the abuser a criminal record.
Bruce H. Lehr Attorney goes on to explain that a victim of domestic violence can obtain a Restraining Order. 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 18 years of age or older or who is an emancipated minor. A victim, of generally 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. Bruce H. Lehr Attorney notes that a victim also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
Domestic violence means the occurrence of one or more of the following acts committed against a victim by an adult or an emancipated minor:
Assault
Burglary
Criminal mischief
Criminal restraint
Terrorist threats
Criminal sexual contact
Criminal trespass
False imprisonment
Harassment
Homicide
Kidnapping
Lewdness
Sexual assault
Stalking
What a Restraining Does
If you are a victim of domestic violence, Bruce H. Lehr Attorney points out that a judge can sign an Order of Protection that requires the abuser to obey the law. As far as what the abuser can and can't do, the order is very specific.
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. Bruce H. Lehr Attorney adds that 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 child/children under certain conditions. If the children are in danger of abuse, Bruce H. Lehr Attorney stresses that you should let the judge know why you think so.
In some states the court may also order the abuser to pay for costs that resulted from the abuse, for example; household bills that are due right away, medical/dental treatment, moving expenses, loss of earnings. The judge can also basically 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 AA or NA. Bruce H. Lehr Attorney sheds light on the fact that 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.
