A restraining order protects individuals from imminent harm or harassment. A court can issue a restraining order to prohibit an individual, known as the respondent, from engaging in activities that involve the protected person.
Let’s assume you’re constantly receiving threatening messages from your estranged spouse. Your constant sense of fear and worry affects your mental peace. So, how can you protect yourself and avoid this? The restraining order serves as your knight in shining armor in this situation.
On the other hand, protection is more than filing legal papers or appearing in court if one is in need of a domestic violence restraining order. It’s about taking the first significant step toward reclaiming personal safety, peace, and fearlessness.
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Understanding A Restraining Order
The two main features of a restraining order are protection and prohibition of contact. First, a restraining order protects the individual from physical harm. It requires the respondent to keep a distance from the protected person.
The prohibition of all forms of contact is the second significant feature. Restraining orders often include a ‘no contact’ clause. It means that the respondent may not contact you directly or indirectly. Therefore, there’ll be no phone calls, emails, social media interactions, letters, or third-party communication.
Rights Granted By A Restraining Order
Getting a restraining order isn’t the end of the road to safety. Knowing how far it goes, what rules apply, and what legal responsibilities it creates is essential. Understanding these factors can help ensure the restraining order keeps you safe and healthy.
Below are the rights granted by a restraining order:
- Physical Safety And Space
The primary and crucial right a restraining order provides is the right to feel secure and protected within your space. The law says the respondent must keep a specific distance from the protected person. This protection usually includes the victim’s home, workplace, school, and other places they often go.
Suppose your ex-spouse is making threats against you. In that case, a restraining order will make it illegal for them to come near you or places you often go. This right creates a safe area for you.
- No Contact Provision
A restraining order can stop the respondent from contacting the protected person directly or indirectly. The U.S. Department of Justice says that 3 out of 4 people who an intimate partner hurt did so in at least one way by phone, mail, or email.
A restraining order can stop this by making it illegal to talk to the other person by phone, email, text, social media, or through a third party. For example, your ex-lover wouldn’t be able to contact you in any way if they were making threats. This right would stop any more harm or stress from happening.
- Temporary Custody
A restraining order can also set up temporary custody or visitation rights for children that the protected person and the respondent agree. Some reports show that child abuse is also reported about half of the time when a parent is abused.
A restraining order can keep the kids safe by giving the protected person temporary custody or limiting the respondent’s access to the kids.
Restrictions Imposed By A Restraining Order
A restraining order is more than a piece of paper. It’s a physical reminder of your right to live without fear and a vital tool that helps you get back in charge of your life.
Below are the restrictions imposed by a restraining order:
- Limited Contact
Getting a restraining order prohibits the respondent from engaging with the protected person. It also provides guidelines on how the respondent should behave. Hence, you can’t ask the respondent to break the order or encourage them to do it.
For example, even if you started the contact, it would be against the order to invite a banned person, like an ex-partner, over for a visit.
- Compliance With Temporary Custody Arrangements
If the restraining order temporarily changes your custody or visitation rights, you’re required by law to follow these changes. For example, if the court gives you temporary sole possession of the children, you can’t let the other parent take them without court permission. Any violations can lead to legal problems and could even change who has custody.
- Legal Obligation To Appear In Court
The first step is to get a temporary restraining order. However, you must go to court to request a permanent order if you want long-term protection. The National Center for State Courts says that about half of all temporary restraining orders are thrown out because the petitioner doesn’t attend the required hearing. Upholding this promise is essential if you want to keep being safe.
Conclusion
A restraining order offers legal protection and space for people afraid for their safety. However, it comes with responsibilities and limits. Understanding these conditions is necessary. Always remember that if you’re in danger, you should take immediate physical safety measures like calling the police and getting a restraining order. Consulting with a lawyer about restraining orders is best if you want to learn more about them.
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