Restraining Order: FAQs

Restraining Order: FAQs

A restraining order is a court order that protects you from further harm from someone who has previously hurt you or may have cause to hurt you. The point is to keep the abuser away from you. This is a civil order, though, which means the abuser does not get a criminal record, DivorceSupport says.

Is it the Best Route to Take?

Before you choose a restraining order, do you qualify for it? If someone has been harassing, stalking or threatening you with violence or has sexually assaulted you, then you qualify for a restraining order. If you aren’t sure if it’s the right legal option for you, consulting with a restraining order lawyer can help.

What Does It Entail?

This court order holds several provisions. These are:

  • Cease Abuse: The abuser is ordered to stop threatening or harassing you.
  • Stay Away: The abuser must never go near you and is required to keep his/her distance from where you work, live or go to school.
  • No Contact: The abuser is not allowed to have any contact with you in any way, shape or form.
  • Restitution: The abuser must pay you damages that include any medical expenses or cover the cost of damage to your property.
  • Support: The abuser is required to pay you applicable mortgages or child support.
  • Exclusive Use: In case of a domestic violence restraining order, wherein you and the abuser married or own property together, only one of you may use the property according to court.

How Long Does It Last?

How long a restraining order last depends on the type or order. An emergency protective order (EPO) lasts for less than a week and is often used in situations involving violent domestic abuse. A temporary restraining order or TRO lasts for a few weeks while a permanent restraining order can hold for a set number of years and can be renewed or even extended.

A restraining order can protect you and your children. Know more by asking a restraining order lawyer for further assistance.

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