restraining orderre·strain·ing order
A restraining order is a legal injunction that is often requested in order to help people to obtain protection.
These orders can vary from state to state, but in general, restraining orders can be used in order to keep an abuser from constantly harassing or bothering you by ordering the abusing party to stay away from your home, place of employment, school or other locations which you may frequent on a continual basis.
- Many restraining orders have special provisions that will allow the court to also limit the actions of another person. For example, there are certain provisions that will require that the abuser stop all contact, including contact through third parties. This is known as a "no contact" provision.
- There are also "cease abuse" provisions that will also ensure that you are protected from threats or potential abuse from a particular party.
If you are thinking about getting a restraining order it is very important that you are aware of the different provisions which are available to ensure that you are properly protected.
Getting a Restraining Order
In order to obtain a restraining or protective order, you will have to go to court in the jurisdiction where you live and complete official papers, one of which is a petition in which you will describe the abuse that you have encountered.
- This petition will need to be notarized to confirm that everything that was mentioned in the petition is accurate.
After the petition is notarized, the judge will speak to you in regards to the contents of the petition.
- It is very important that you bring as much evidence to court as possible in order to support your need for a protective order.
- Evidence can include pictures of injuries and witnesses that can attest to the actions of the abuser.
In most cases, a judge will grant a temporary restraining order on the spot if he or she feels that can you have provided enough information to support the need for a protective order.
- The court will provide a copy of the restraining order that should be carried on your person at all times.
- Likewise, you will be given a copy that you will provide to the police.
You can obtain a restraining order on your own or you can easily seek the assistance of a legal advocate in order to begin the process of getting a restraining order if you aren't sure exactly how or where to get a restraining order.
restraining order - Legal Definition