Restraining orders:  Protect Yourself From Abuse

There comes a time in the life of some people in which they find it necessary to obtain a restraining order, also known as a protection from abuse order.  In this regard, there are some basic facts and factors that a person needs to keep in mind when it comes to restraining orders.

Types of Restraining Orders

There are two common types of restraining orders; these are called domestic abuse and harassment restraining orders. These restraining orders are becoming increasingly common for people who are seeking protection from varying degrees of abuse.  Indeed, each and every year a growing number of people are seeking protection with these types of orders.

A Temporary Restraining Order

It is law that the courts must provide help to anyone seeking protection, this is usually done with a temporary restraining order. A temporary restraining order finishes once a court case has been held, in most cases this takes around 14 days from when the restraining order is placed. The fees of a temporary restraining order are usually waived for a person seeking protection, and court personnel often provide assistance to fill out necessary paperwork.

Domestic Abuse Restraining Order

A domestic abuse restraining order is the most difficult to obtain, since it requires that the person claiming they have been abused has some type of proof. Domestic abuse is classed as any type of physical, terroristic or sexual harm committed against a family or household member. Household members may include spouses, children, blood relatives, parents, or those in a domestic relationship.

Once a domestic abuse restraining order has been placed the court will order a hearing, where it will be determined whether the alleged abuser has intended any harm or damage to the person seeking protection from the courts. The court will then act in light of the information that it has found; often they may order a permanent restraining order to be placed on the abuser.

Violation of a Restraining Order

If the restraining order is violated it can result in 90 days in jail and a $700 fine, for a first time offence. A person with a restraining order placed on them will be restricted from holding a firearm license for the duration of the restraining order.

A restraining order is created to protect people who are in danger or require protection from the courts. In some cases it is possible for the person who is placing the order to exaggerate the truth or even lie in order to gain a restraining order, this is more common in harassment restraining orders.

Finding Legal Representation

If you find yourself in a position at which you need a restraining order, you may want to consider hiring an attorney.  Depending on the degree of harassment or abuse you have suffering, it may be most advisable for you to obtain the assistance of an attorney who is familiar with the legal process associated with restraining orders.

Some court systems maintain personnel who can assist a person acting without an attorney in obtaining a restraining order.  Nonetheless, if you are interested in obtaining legal assistance and an attorney, you will want to explore what is available at the various attorney directory and the attorney search services now in operation on the Internet and World Wide Web.