Restraining Order Explained
A restraining order is a state-issued order that is designed to stop contact from one person to another. This can include personal contact, physical contact, telephone contact or contact via email or other websites such as social networking sites. Restraining orders are given by a judge when she feels that the person asking for it is in danger from the actions of the other party. Restraining orders are designed for protection, but do not guarantee safety.
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The Victim
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A person asking for a restraining order is likely to be someone afraid for her safety because of someone else. This may be a friend, significant other, co-worker, or a stalker. The victim feels that her safety is in danger because of previous behavior, threats or threatening behavior. These threats can be physical, mental or emotional. The victim feels that a mandatory distance from this person would help to assure her safety.
The Perpetrator
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The perpetrator in the case of a restraining order can be anyone that the victim feels puts her in danger, or has the intention of doing so. In an approved restraining order, the perpetrator has been identified as a person who may harm the victim. A perpetrator is instructed on his boundaries with the other person regarding physical distance and contact. He is informed of the consequences should he not obey the law.
Protection
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A restraining orders does not guarantee safety. It is often said that restraining orders are only as good as the person they serve. If the perpetrator chooses to accept the consequences associated with breaking the restraining order, the victim may once again be in danger.
Breaking the Law
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If the perpetrator violates the restraining order, a victim has two choices. She can either call the police immediately. Or, if she feels that her safety is not in imminent danger, she can file the violation with the civil court. Most of the time, a violation of a restraining order carries a penalty of incarceration and a violation on the offender's criminal record. Typically these punishments begin small and increase each time the restraining order is violated. If you find that the perpetrator is repeatedly violating the restraining order, there may be other options to secure your safety, and they should be discussed with a member of the legal system.
Process
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The restraining order process is often relatively quick, though very intense for the victim filing it. There is a lot of paperwork, and each line of the restraining order must be reviewed and specified for ultimate protection from the perpetrator. This process typically involves the victim filling out the necessary paperwork, reviewing the paperwork with a victim advocate, and then having the case heard in front of a judge. The judge will then decide whether to grant the restraining order, based upon the perceived threat. Once the restraining order is approved, the perpetrator is served, and notified of the restrictions outlined in the restraining order. In most states this can be done very quickly.
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