A restraining order is a court appointed order that is designed to prevent one person to harm another. It works by making it illegal for the possibly dangerous person to approach or be physically near the potential victim. There are two different types of restraining orders; civil harassment and domestic. A temporary restraining order is put into place first until a court date is established.
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Civil Harassment Restraining Order
- A civil restraining order is retained if the possibly dangerous person is not family or does not live with the potential victim. A civil restraining order can be issued if one or more of the following conditions are met. The potentially dangerous person is acting intentionally, they commit multiple acts to annoy, hurt or intimidate their victim, they cause emotional distress, and/or there is no apparent reason for their actions. An immediate restraining order may be put into place if the plaintiff requests an ex parte and allows a four-hour notice to the defendant.
Domestic Restraining Order
- A domestic restraining order is the most common. A domestic violence restraining order applies to the following relationships: a spouse or former spouse; person you are dating; lover; mother or father of your child; related to you by blood, marriage or adoption; or a person who regularly lives in your home. This restraining order is issued if the defendant is harassed, threatened, stalked or attacked. A domestic restraining order states that if that person breaks the order, they will be charged with a criminal offense and possibly recieve time in jail.
Immediate Threat
- Although a temporary restraining order can be put into place immediately, the possible threat of violence will need to be verified in court before a civil or domestic restraining order will be issued. This means the potential victim will need to prove either through convincing testimony, witnesses, police reports, or other types of documentation that the threat of violence is real. This prevents people from requesting restraining orders simply to hurt someone.
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