If you have been abused by your spouse and you are attempting to start the process, you want to know everything involved with restraining orders, which are to be expected in domestic violence cases. But what is a restraining order? This order is one that requires an individual to not do specific acts. In the case of domestic violence, it prevents a spouse from contacting another spouse that they have abused in some manner. Today we will answer some of your questions about the restraining order in your case and what it means for you.
Restraining Order FAQ
Who can file? Anyone who is a victim of domestic violence can attempt to obtain a restraining order. Some of the acts that qualify as domestic violence include assault, criminal sexual contact, harassment, lewdness, stalking, and more.
What exactly does it prevent? If you are the victim of domestic violence, a judge can sign an order that shows what an abuser is not allowed to do. In many cases, the abuser is not able to have any type of contact with you, in person or by phone. It could also protect other people who are part of your family. If you and the abuser share a home, the protective order could make them leave for an extended period of time.
Further, the judge may choose to order the abuser to receive professional domestic violence counseling, order the police to escort the abuser so that they can remove items from your house that belong to them, or even grant you custody of your children until the matters are settled.
How long does it last? You will receive a temporary restraining order, which, at first, will help you return to court to see the matters in front of a judge. You will then find out if the order is extended, which could be short-term or long-term depending on the circumstances.
What happens once it is in place? Once the order is in place, you will appear in front of a judge to explain your case. The judge will either put a temporary order in place until your abuser is brought to court, or enter a final order that will tell you what to expect from here on out. After court, you will receive a copy of the order and should carry it with you at all times. If the abuser does not obey the order, you can call the police or return to court on these matters.
What can you do if it is violated? You should always call the police right off the bat, especially when a crime has been committed, such as the abuser showing up at your house even though the order is in place. They are then in contempt of the order.
If you are a victim of domestic violence and you are going through a family law case, it is important to be prepared for many aspects. We want to help you prepare in a way that lessens your stress during this difficult time. Call us for more information on how we can help you.