The Consequences of a Restraining Order for a Plaintiff
A restraining order serves the purpose of protecting a person from harm. It is not a form of punishment against another person but rather a preventive measure that warns the defendant against certain actions. If you are thinking of filing a restraining order against someone, you should know the consequences you may face once it is in full effect.
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Definition and Enforcement
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When a court issues a restraining order, the person the order is issued against must comply with the action. Restraining orders are most often used in divorce cases or instances when a long-term relationship turns sour. The order keeps the offending individual from emptying a joint bank account, canceling credit cards and making threatening phone calls. A good rule for plaintiffs to follow is to make several copies of the restraining order and keep one with them at all times. This way, if the person is failing to comply, you can show the police that the individual is in violation of the order.
Limitation
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Generally not the same as orders of protection, which are associated with preventing family violence, restraining orders are used to protect each party until the civil action (or divorce case) has been completed. Domestic violence victims who want more extensive coverage should file for orders of protection instead. While a restraining order can deter some criminal action, the plaintiff should be wary of putting too much faith in the order. This is because it is still up to the plaintiff to report that a restraining order has been broken.
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Violation Punishments Vary
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A restraining order is not about punishment. Each state has its own laws for violating a restraining order. Some sanctions involve fines and additional jail time. Other states file additional criminal charges against the offending party. Talk with your attorney to understand the basics of what your state allows.
Vacating an Order
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A plaintiff must fill out paperwork if it is decided that the restraining order should be lifted. The document used is a form letter requesting that the court reverse the previous decision. While forms vary, many include a disclosure for the plaintiff explaining that the order can be reinstated at any time.
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References
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