How to Obtain a Restraining Order

Restraining orders are court orders which lead a person to follow particular conditions. "Negative" restraining orders direct a person not to commit certain acts. Such orders are usually issued in order to protect victims of harassment, domestic abuse, or stalking. They are typically obtained in conjunction with a civil lawsuit. They are normally issued to prevent one individual from contacting another person, in which case the order is called a "no contact" restraining order. They are usually issued in cases including close family members or relatives.

– Directing the person not to make connection with the victim, either physically or by communication 

– Instructing the person to stay a reliable distance away from the victim (for example, may not be within 100 feet of the victim). You may find more info on restraining orders via www.omofomalaw.com/restraining-orders.

– Preventing the person from enrolling the family home of the victim 

– Relocating minor children to a different jurisdiction 

– Directing the person to sell property 

– Not allowing the offender to buy or possess firearms 

– Granting the victim guardianship of a child or ownership of property

Different Types of Restraining Orders Restraining orders can include a wide range of instructions and prohibitions. There are three basic types. They vary mainly with regards to when they go into impact and how long they last. The three basic kinds of orders are:

– Emergency Protective Orders: Issued by a judge in circumstances involving emergencies, such as a police response to a domestic abuse 911 call. They go into effect quickly but usually, last less than one week or until the emergency is resolved. Its goal is to prevent immediate harm as well as to allow the victim more time to obtain a temporary or permanent order. 

– Temporary Restraining Orders (TRO): These are much like a permanent order, except they usually last for a short period of time, such as a few weeks or a month. TRO's are almost easy to obtain- the victim usually must show:

– They will be irreparably harmed if a TRO is not issued 

– They will likely work in their pending case 

– The court will balance the difficulties between the victim and the aggressor

Permanent Restraining Order: Commonly known as a "normal restraining order." They are only open after hearings have already begun, and can last for long periods of time such as several years. The orders may be extended or renewed if the danger to the victim is still possible. In addition to the requirements for a TRO, a victim must usually prove:

– Legal remedies (money awards) would be incompetent to prevent future harm 

– A protectable property case is involved 

– Enforcement is possible 

– No defenses are open to the attacker or aggressor

Restraining orders may be disrupted if the person fails to act according to the conditions specified in the order. Likewise, they can break the order if they commit an act which they are prohibited from doing. 

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