What are the different types of restraining orders?

Civil Harassment Restraining Order: Protects individuals from abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated, and do NOT have a close relationship with, like a neighbor, roommate, friend or family member other than those listed in the “Domestic Violence Restraining Order” section.

Can a judge issue a restraining order on a person?

To prevent instances of continued or threatened stalking and domestic violence, judges can issue restraining or protective orders on the spot, relying on the sworn testimony of the person asking for the order. By Janet Portman, Attorney | Updated by Lina Guillen, Attorney Updated: Jun 19th, 2020

What is the guiding principle of a restraining order?

The guiding principle is that there must be a need for the order to protect a person or persons. A restraining order is therefore preventative, not punitive.

What’s the difference between Asbos on conviction and restraining orders?

Restraining orders: are used in domestic situations whereas ASBOs on conviction relate to persons not of the same household; are to protect named persons whereas ASBOs on conviction are used to protect unnamed persons in any place in England and Wales; and can be made on conviction and acquittal. ASBOs on conviction cannot be made on acquittal.

Civil Harassment Restraining Order: Protects individuals from abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated, and do NOT have a close relationship with, like a neighbor, roommate, friend or family member other than those listed in the “Domestic Violence Restraining Order” section.

Who is the protected person in a restraining order?

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.”

Can a restraining order be enforced by another state?

To further increase the effect of a restraining order in protecting the victim, the Full Faith and Credit Clause of the U.S. Constitution requires all states to recognize and enforce protective orders issued by another state. In many cases of domestic violence, the parties’ children get caught in the crossfire.

Can you get a restraining order for domestic violence?

These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases. For the person to be restrained, having a restraining order against him or her can have very serious consequences: He or she will not be able to go to certain places or to do certain things.

What’s the difference between a PFA and a restraining order?

A Protection From Abuse (PFA) Order is a Pennsylvania court order that allows for you to seek temporary relief from someone who is causing you abuse. This can be considered a type of restraining order, and many people use these terms interchangeably.

How long can a restraining order be issued?

The court can issue a restraining order for a set period of time or indefinitely if they see fit. The type of conduct that is prohibited by the order is dependent upon the defendant’s crime and in many instances, the order will prohibit direct and indirect contact with the victim.

How does a judge enforce a restraining order?

In order to enforce the restraining order, the person who originally requested it will have to file request with the Court for a hearing, commonly referred to as a contempt hearing. At this hearing, the judge will decide how to punish the individual if a violation of the restraining order is found.

When to ask for a temporary restraining order?

Temporary Restraining Orders: When you go to court to file for a long-term protective order, you can also ask for a temporary restraining order (TRO). The court may issue you a TRO during an ex parte hearing without the abuser present if there is an “immediate and present danger of abuse.”

Can a judge issue a restraining order or protection order?

To prevent instances of continued or threatened stalking and domestic violence, judges can issue restraining or protective orders on the spot, relying on the sworn testimony of the person asking for the order. Get the compensation you deserve. We’ve helped 265 clients find attorneys today.

Can a restraining order be requested in an elder abuse case?

These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.