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June 16, 2021
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Law

Getting A Restraining Order

If you think that you are going to be in danger of a family member, threatened by a person you know, or stalked by a stalker, the family court can grant you a temporary restraining order. This judicial paperwork prevents the person from coming within a certain distance of where you live or work. The permanent order of protection will be judicially issued in the criminal court once the person is arrested. Once they have been arrested, the criminal court will protect you against any further threat from that person. If the person continues to bother you, then the case could escalate further. Let’s take a closer look at the two different types of restraining orders: temporary and permanent.

Temporary Restraining Order

After the documentation is completed, if the court determines that the person is in danger of being assaulted, the Assistant Secretary will prepare a temporary restraining order for a judge to sign. This order can be obtained on the same day that you filed your petition without having to appear in court before the judge. The temporary restraining order is valid for a period of up to 15 days. If the judge denies the temporary restraining order because there does not appear to be an immediate and pressing danger of domestic violence or imminent harm, a full hearing on the temporary restraining order petition will automatically be scheduled at the earliest possible hearing date.

Permanent Restraining Order

During the period that the temporary restraining order is in effect, a hearing will be scheduled before a judge in court to determine whether a permanent restraining order should be filed against the person who has committed the acts of violence. The permanent restraining order is valid indefinitely, or until it is vacated by the Court.

Who You Will Be Protected From?

There are certain individuals that the restraining order can protect you from. These include:

  • Protection from a spouse who beats you and commits domestic violence
  • Protection from a parent or relative
  • Protection from someone who is obsessed with you and makes attempts to contact you without your permission
  • Protection from someone that lives with you or in the past, has lived with you such as a roommate
  • Protection from an individual that you have had a child with; whether you lived together or not
  • Someone with whom you have dated or was currently dating
  • Protection for elderly individuals from their caregivers who have been abusing them

If someone has threatened you or you feel is hurting you and they don’t fall into any of the categories above, you should not hesitate in contacting the police.

Legal Representation

If you are threatened by someone and you don’t know what to do or if the person has already received a temporary or permanent restraining order and still bothering you, then you should consider speaking to an attorney who will take your case further. You don’t have to feel alone in this situation where your life is being threatened. You have rights and you should exercise those rights accordingly. Speak to someone at a reputable law firm for advice and potential legal action.

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