A restraining order commonly known as a protective order is a legal order issued by the court to protect an individual or the victim from the perpetrator of domestic violence harassment stalking or threatening behavior. This order provides room for safety and protection for the victim and therefore holds a special place in the legal world.
A restraining order is typically used in domestic violence cases to provide the victims with legal protection. You can get more information about this restraining order from a domestic violence attorney and get guidance for your case.
What are the Characteristics of a restraining order in Domestic Violence Cases?
- No Contact: The restraining order in domestic violence orders a person to have no contact with the petitioner. In this order the victim or the person who has filed for a restraining order is secured from the opposite party. The opposite party cannot reach meet, text, email, call, or communicate with the petitioner.
- Stay-Away Provisions: The restraining order also prohibits the opposite party from maintaining proximity to the petitioner place. The respondent must maintain distance from the petitioner home workplace or other locations. This provision is to protect the petitioner.
- Prohibition of Harassment: The restraining order ensures that the respondent cannot threaten the petitioner. There is a prohibition on harassing threatening or intimidating the petitioner. This will also ensure that there is safety for the petitioner.
- Custody and Visits: If the case involves children then there might be a restraining order in their custody too. They can specifically restrict a respondent from visiting or interacting with the child.
- Firearm surrender: To protect the petitioner the court might also order that if the respondent has any firearms they should surrender them. This will ensure more safety for the petitioner. Therefore courts might pass such an order.
- Temporary or Final Order: The restraining order can be temporary or final and the court will decide. A temporary order provides immediate protection for the petitioner; the final order is issued after all the case hearings. It is a long-term protection for the petitioner.
- Consequences of Violating the Restraining Order: If the respondent violates the restraining order it is a criminal act and the court can take action against the respondent. In such cases there can be penalties such as fines probation or even imprisonment. It will depend on the severity of the violation; therefore courts will decide the penalty.
A restraining order is an essential tool especially for domestic violence cases as it provides victims with legal protection. You must consult an attorney before moving ahead with this order to understand all the space and loopholes regarding it.