Restraining orders are court orders against a person that precludes them from having contact of any type with another person. The time span for a restraining order can range from a couple of days to several years. If a restrained individual violates a court order criminal penalties might be invoked. Restraining orders are usually granted in stalking, abuse and domestic violence situations.
Temporary Restraining Orders (TRO) are much like restraining orders, except they are for a limited time span. TROs generally expire within a week or two, typically until a full hearing for a permanent restraining order can be held. Getting a TRO in most states is a fairly simple task and is usually easy to accomplish. Enforcing restraining orders in civil (non-criminal) disputes is considered a civil proceeding. Police assistance in enforcing of restraining orders varies widely. Therefore, finding the other party in violation of the restraining order is the best way to get a restraining order enforced. This is accomplished by making a request with the court to find the person named in the order in contempt.
Other things to consider about restraining orders: report every violation (no matter how minor) to the issuing court; if a pattern is apparent the restrained person can be held in contempt. Also, you may be able to get assistance in obtaining a restraining order through a legal aid service and/or a battered women’s rights group. It may be in your (and your family’s) interest to consult with a lawyer. Speaking with an attorney is the best way to learn your rights. You can learn more about restraining orders at LegalMatch.com using their popular LegalCenter Law Library.
Posted by Chas Blackford
