How to Get Legal Protection Through a Restraining Order
You can legally stop someone from getting in touch with you if you feel your safety is being threatened. A ‘protection order’ or ‘restraining order’ is created for just this type of abuse. The Safe Homes Domestic Violence Center estimates that about 1 in 3 women and 1 in 4 men have been physically abused by a partner.
Orders like these are designed to provide quick solutions against domestic violence and other forms of harassment to ensure your safety and provide legal backup.
Restraining order attorney William L. Godley says that restraining orders can be different in what they are for, how long they last, and how serious they are. A lawyer can help you choose the best one, handle the paperwork, and be there for you in court.
But just what actually happens during the hearing? Let’s go over the whole process and what you must do to be safe and calm.
Understanding the Types of Restraining Orders
According to https://www.mbklegal.com/, violent and abusive offenses are considered domestic violence crimes when the victim and the abuser have an intimate relationship.
Here are the three basic types of orders that can be issued: domestic violence restraining orders, civil harassment orders, and workplace violence restraining orders.
- Domestic violence restraining orders would protect a person from an abusive lover or family member
- Civil harassment orders cover threats made by individuals who are not domestic associates, which can include ex-lovers, acquaintances, or neighbors.
- Workplace violence restraining orders are unique and enforced when an employee faces threats or experiences actual workplace violence.
Knowing which type of order corresponds to your scenario is very beneficial, as each has sway over specific sets of circumstances. Always seek legal advice as to which order you are seeking in your situation and hopefully to make the procedure for actually obtaining the order go more smoothly.
Legal Grounds for Obtaining a Restraining Order
To obtain a restraining order, you must have several valid reasons that justify the need for protection. Harassment, stalking, physical abuse, or threatening violence would be such reasons.
You must prove that the other party has engaged in a pattern of conduct that constitutes a credible threat to your safety or well-being. Emotional distress produced by another’s actions may be a valid ground.
You should definitely keep records of any incidents, including dates and times and descriptions of occurrences. Also, remember to include whether you reported said matter to law enforcement.
How to File the Necessary Paperwork
Each state has specific steps to obtain the necessary paperwork for a domestic violence order.
You may need to go to the local courthouse or surf the internet and download the necessary forms. These typically consist of a petition for a restraining order and a declaration explaining the circumstances in detail.
Be sure to complete all the forms fully and accurately. Any error might mean the delay.
Following the receipt and processing of all documents, you must file the petition, either paying the fee or requesting a waiver.
After filing for a restraining order, deliver the paper to the other party to let them know that
a restraining order has been filed against them.
What to Expect During the Court Hearing
While preparing for the court hearing, you must understand what to expect. The experience could empower you and act as a deterrent against your harasser.
Register upon arrival to court and then wait for them to call your case. The judge may review the request and ask some questions. Be ready to present your position clearly and concisely and tell them why you need the restraining order.
The other party may also get a chance to be heard, so stay calm and listen properly. Witnesses, evidence, or other documentation must be brought forth to support your case.
Enforcing the Restraining Order and Next Steps
After your restraining order is granted, you must learn how to enforce it.
Always keep a copy of the order with your possessions. Make sure you understand the conditions under which the order is enforceable.
If the restrained person breaks one or more of the terms against him, keep records of all episodes of violation of the term(s), providing the date, time, and an account of what happened. Contact law enforcement, making sure they act immediately on your complaint and the documentation that you have.
You might also discuss your options for further legal action with a lawyer. Always keep track of the fields of any upcoming court dates so that you stay protected.
Getting a restraining order can be a crucial protection under threats of harm. By having knowledge about the kinds of restraining orders, gathering your evidence, and filing the right paperwork, your way would be made slightly easier through the process. Attend all court hearings and learn how to enforce the granted order.
Always stay alert and keep track of any instances when violations or the rules happen. By doing so, you can feel safe and have peace of mind.
