Restraining orders are directives from the court stipulating the terms an individual must adhere to or else face legal punishment. In essence, they serve to protect and secure your property as well as your legal rights before anything sinister strikes. Understanding the types of protection orders available to you and how they work is excellent information to have. Read on to find out more.
How do you qualify to get a restraining order?
The general rule is that you must have an intimate personal association with the individual who is posing the danger to you. For instance, you may seek a protection order against your spouse, parent, child or in-law. Protection orders serve to afford legal defense to victims of harassment, domestic abuse, neighborhood disagreements and stalking.
What if you do not have an intimate association with the person posing the threat to you, such as roommate, neighbor or total stranger? Many states allow you to get a different type of restraining order referred to as civil harassment order or civil restraint.
Types of Protection Orders
Emergency restraining orders
This is a court directive that goes into full effect straight away. Typically, it is used when law enforcement agencies act in response to domestic violence calls in order to protect you or a family member from looming harm. This directive only lasts for a short duration, often a few days. It's meant to afford you protection even as you apply for a protection order.
Temporary restraining orders
This is another form of short-term order, which lasts for less than four weeks. Generally, it is granted when the victim applies for a protection order. It serves to afford protection to the victim awaiting the hearing of their case and consequent issuance of a protection order.
Permanent restraining orders
Known as the actual restraining order, permanent restraining order is issued following the hearing your court case. It may last for several months or even years. Further, it may be amended and renewed in the event that the circumstances that led to the issuing of the order in the first place, such as harassment or physical battering, haven't improved when the court directive runs out.
Terms or Conditions
The scope of protection orders can be extensive. Some of the common terms or conditions typical of most protection orders include directives not to:
- Get in touch with someone through phone calls and correspondence
- Enter the marital home
- Sell family property
- Buy or acquire a gun
- Relocate children from a particular location
Talk with a lawyer such as Mark Shenken about the prospects of applying for a protection order against any person who issues threats against your life or property before something bad happens.