A restraining order can be a lifesaver in many situations, but knowing when to file one is essential. This article explores the valid reasons for a restraining order and how to navigate the legal system to protect yourself or your loved ones.
A restraining order is a court order that prohibits one person from contacting, harassing, or coming near another person. It is a legal tool used to protect individuals from harm, harassment, or abuse by someone they fear or who has harmed them.
There are different restraining orders, each with specific criteria and conditions that need to be met. Understanding the different types of restraining orders is essential for anyone who needs legal protection from abuse.
An emergency restraining order is a legal document issued by a court that prohibits someone from contacting or approaching another person for a specific period of time. It is typically issued when there is a credible and imminent threat of harm or danger to the person seeking protection. Emergency restraining orders are meant to provide immediate protection to the person seeking the order and are issued without a hearing or notice to the person being restrained. They are typically temporary, lasting only 14 to 21 days or until a hearing can be held to determine if a longer-term restraining order is necessary.
A no-contact restraining order is a type of court order that prohibits a person from having any contact with another person, either directly or indirectly, for a specified period of time.
This type of restraining order is often used in cases of domestic violence, harassment, stalking, or other forms of threatening behavior.
No-contact restraining orders are often used in cases where an ex-partner is harassing someone.
If the victim feels threatened or unsafe, they can seek a no-contact restraining order to prohibit the ex-partner from contacting them in any way, including through phone calls, emails, text messages, social media, or in person.
The restraining order would require the ex-partner to stay away from the victim’s home, workplace, and other locations where the victim is known to frequent.
A domestic violence restraining order is a type of court order that prohibits a person who has committed domestic violence from contacting or coming near the victim for a specified period of time.
This type of restraining order is used to protect victims of domestic violence from further harm and to prevent the abuser from continuing their abusive behavior.
In my practice, it is common for a domestic violence restraining order to be used when someone has been physically or emotionally abused by their intimate partner.
The victim can seek a domestic violence restraining order to prohibit the abuser from contacting them through phone calls, emails, text messages, social media, or in person.
The restraining order will also require the abuser to move out of the victim’s home, stay away from their workplace, and refrain from any other behavior that might put the victim at risk of harm.
There are several valid reasons for obtaining a restraining order. Some of the most common reasons include the following:
In a restraining order, you can typically ask for various forms of relief, depending on your situation. Some of the most common things that can be requested in a restraining order include the following:
The process of obtaining a temporary restraining order (TRO) can vary depending on your state but generally involves the following steps:
The first step is to file an application with the court requesting an emergency restraining order. This is done in person at the courthouse or a police station, depending on the jurisdiction.
An application for an emergency restraining order typically includes the following information:
It’s important to note that emergency restraining orders are typically temporary and are designed to provide immediate protection in urgent situations.
In most cases, there will be a later hearing to determine whether to grant a permanent restraining order, which can offer a longer-term protection.
Over the years, I have had several clients who have been physically and emotionally abused by their partners.
I always counsel them to seek an emergency restraining order after their partner threatens to harm them and their children. I tell them to go to the courthouse and apply for an emergency restraining order.
In our jurisdiction, the court reviews the application on the day it is filed and determines if sufficient evidence exists to grant the emergency restraining order.
In most cases, as long as the complaint shows a credible threat, the court will issue the emergency restraining order, which prohibits the abuser from contacting the victim and requires the abuser to move out of their shared home.
Once the order is granted, a copy of the order is given to law enforcement and entered into a statewide computerized system that law enforcement use.
Law enforcement will serve a copy of the order and the petition on the abuser. The order is valid and enforceable even before it is served on the abuser.
The order will include a court date for the hearing on the full order of protection.
In Missouri, an ex parte order of protection will expire after 15 days.
A hearing is held within 15 days to determine if a full protection order should be ordered. If a full order of protection is ordered, it will be valid for at least 180 days and up to a year.
If someone violates a restraining order, there can be severe consequences. Violating a restraining order can result in criminal penalties such as fines, probation, or even jail time.
A. No, you cannot obtain a restraining order against someone who has not threatened you. To get a restraining order, you must show that you have been a victim of abuse, harassment, or violence.
A. Yes, a restraining order can be extended if the court finds that protection is still needed.
If someone violates a restraining order against you, you should contact the police immediately. Violating a restraining order is a crime, and the police can arrest the violator.
In conclusion, restraining orders are vital to protect victims of abuse, harassment, and violence.
If you are a victim of any of these crimes, seeking help and protection through the legal system is important. Remember that there are valid reasons for obtaining a restraining order and that the consequences of violating a restraining order can be severe.
If you or a loved one is experiencing or has experienced any form of domestic violence or abuse, you can also reach out to the domestic violence hotline in the United States. You can call the National Domestic Violence Hotline at 1-800-799-7233 (SAFE). This hotline is available 24 hours a day, 7 days a week, and is confidential and free of charge. You can also visit their website at www.thehotline.org for additional resources and information.
Tim McDuffey is a practicing attorney in the State of Missouri. Tim is a licensed member of the Missouri Bar and Missouri Bar Association.
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Hi! I'm Tim McDuffey, and this is the place where I have assembled a team of lawyers and asked them to answers some the most common legal questions they get asked by clients and friends. Our team has a passion for the law, and more importantly, for helping people. We hope this information can be a great starting point for finding answers to some of your everyday legal questions.
