Guidelines on Restraining Orders
You file a restraining order when someone has abused, stalked and harassed you. Some guidelines will differ, but all require a hearing for the accused stalker and abuser. The time length of the restraining order is determined by the court and can be renewed if evidence presents itself. All those filing for restraining orders must be truthful or they may face legal repercussions and fines.
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Temporary Restraining Orders
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Temporary restraining orders are orders obtained by one individual known as a victim without the presence of the individual who is being restrained. The temporary restraining order will detail what acts the restrained individual may or may not commit to the victim, and all children or persons listed on the order. A temporary restraining order does not take affect until the restrained individual is served with the order. This guideline was made because the restrained individual has the right to a hearing, for her side to be heard. However, staying away from the victim is still a requirement until the hearing has taken place, when a judge or magistrate will make final judgment.
Permanent Restraining Order
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Permanent restraining orders come into existence after a judge or magistrate of the courts has ruled one necessary. Both parties are permitted to give their side to the story, and the evidence presented must be the deciding factor to determine if the order should be made valid. This order will specify that the restrained individual may not show up at places where the victim will be, such as home, school, job or any other place listed on the restraining order. This order will be made for a certain time, up to several years, and may be renewed once it expires if the courts find cause.
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Domestic Restraining Order
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Domestic violence restraining orders are different from other restraining orders. More legal factors come into play such as homes, children and other personal property or legal obligation. However, when a domestic violence restraining order has been ordered by the courts, the restrained individual must vacate the home immediately if she shares residence with the victim. The restrained individual may not come within so many feet near the victim, or abuse him any more. The victim will receive temporary custody of any children involved, and the restrained individual will be required to pay child support temporarily for any minor children he is the biological parent or legal guardian of. Restrained individual will be responsible for any medical expenses, wage loss or any other cost or damages caused by the domestic situation.
Stalking Restraining Order
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A stalking restraining order applies to anyone who is following a victim by foot or car, watching the victim outside of a workplace or home, and sending the victim unwanted correspondences, such as letters, emails or making harassing phone calls. For a stalking order to be granted, the accused stalker must have knowingly and repeatedly committed the acts mentioned above without the consent of the victim. Once the stalking order is granted, the stalker must cease all communication, both written and physical, with the victim immediately. If a stalker resides or works with the victim, the stalker will be granted a hearing, allowing him to plead his case. Stalker orders have time limitations that very from state to state. In Alaska, for example, a stalker restraining order is valid for 6 months, unless the court dismisses it earlier.
Violating a Restraining Order
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When you apply for a restraining order, the information you give authorities and list on the order must be accurate and truthful. You are not allowed to state anything outside of the facts to make your case. For these reasons, hearings are given to give the accused a chance to give her side of the story. If the courts find the victim has exaggerated the truth, the courts can throw out the restraining order case, fine the victim as well as find her in contempt of court. Those who violate the terms of the order, without specification from the courts, including the victim, may be held in contempt of court.
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