Users' questions

What happens when you get a civil restraining order?

What happens when you get a civil restraining order?

It will limit the contact the respondent can have with you. Usually, the Order will state that the respondent can have no contact, either directly or indirectly, and in person or by other means (for example, by telephone).

Why do victims of domestic violence get restraining orders?

The acts are a means of controlling the victim’s thoughts, feelings and behavior. The violence often increases in frequency and severity. Emotional abuse and insulting words are almost always part of the abuse pattern, but are not considered criminal acts. The wounds from these injuries, however, may be more difficult to heal.

Can a restraining order be obtained against a spouse?

A “Restraining Order” also known as as “209A Order” or an “Abuse Prevention Order” is a civil court order that provides protection from physical or sexual harm caused by force, or threat of harm from a family or household member. An Order can be obtained against: a spouse or former spouse a present or former household member

Who is the petitioner in a restraining order?

The person seeking an order is called the “ Petitioner .” This person must make declarations under penalty of perjury about the allegations of abuse or harassment that has occurred. Whether in a domestic violence restraining order or civil restraining order,…

Can a restraining order filed in a lawsuit be enforced?

Therefore it is important to consult with an attorney who is familiar with the court in which the lawsuit is filed. A restraining order filed in a lawsuit is not enforceable by the police. It is a civil matter and must be enforced through civil proceedings.

When to ask for a civil harassment restraining order?

A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, and.

What are the different types of restraining orders?

Types of Civil Harassment Restraining Orders 1 Emergency Protective Order (EPO) 2 Temporary Restraining Order (TRO) 3 Criminal Protective Order or “Stay-Away” Order More

Can a family member get a restraining order for domestic violence?

Generally, for civil harassment restraining orders, the person you want to restrain is not: A close relative (parent, child, brother, sister, grandmother, grandfather, in-law). If you have a close relationship like one of these, consider whether a domestic violence restraining order is best for your situation.