Surviving domestic violence is complex and while there are many desperately difficult challenges, one step to safety that survivors can take must be the obtaining of a restraining order. A restraining order or protective order is a legal injunction issued to protect the victim from further abuse.ACTION KEY RESULT EXISTS TurnOnINFO: The ordered abuser may be required not only NOT TO visit but ALSO NOT T Contacting. This resource explains the types of restraining orders one may request, how to get a restraining order and what legal protections they provide for survivors of domestic abuse.
Types of Restraining Orders
Types of restraining orders differ in specifics for each situation. When you know the differences, it makes easier for a survivor to figure out which one is best suited for them.
Emergency Protective Order (EPO): An EPO is a temporary order issued by law enforcement that provides immediate protection for the victim. It typically lasts 5 to 7 days, giving the survivor time seek a more permanent solution.
Temporary Restraining Order (TRO) >>> This provides protection until the survivor goes before a court. These orders are generally 20 to 25 days and can be continued until a full court hearing takes place.
Permanent Restraing Order: With this, a judge will grant you an order which can last anywhere from 3 to several years after they have heard the case. Sometimes these orders can be continued or extended.
Criminal Protective Order (A CPO is designed to protect you during any criminal case against the person who abused you and for some time after a conviction.)
How to Get a Restraining Order
Obtaining a restraining order is a legal process. Broadly speaking, the process generally follows this format:
>The Survivor must file a Petition, stating to the court all of what he or she has been going through and why they need protection. The petition certainly involves items escalation from the abuse, threats that are made and also nature of any relationship between those parties.
Temporary Order Issuance: The positon may issue a Temporary RestratingOrder (TRO) based on the plea forp to provided immediate protection until apfull court hearing can be held.
Appearance in Court: The survivor, as well as the accused can appear before court and submit that they are filing false charges! A judge will look at the evidence and determine if a permanent restraining order should be granted.
Order Enforcement — When a restraining order is granted it as above, enforcement of the same becomes crucial. If the offender breaks this order of protection, it may be charged with breaking the law or criminal offense also jailed.
Legal Protection and Enforcement
A restraining order provides different types of legal protection, such as:
No Contact Provisions The abuser cannot contact the survivor in any way, verbally or non-verbally – including text messages and on social media.
Stay-Away Provisions: The abuser must stay away from survivo and home, work or school.
Custody and Visitation: In a case where there are children involved, the restraining order could also have stipulations concerning custody as visitation and will take into consideration the welfare of the survivor in addition to any kids.
Firearm limitations– The aggressor may need to provide any weapons the person has.
Conclusion
Protective orders—also known as “restraining” orders—are generally considered an important and effective intervention in the context of intimate partner violence. Learning about the available types of restraining orders, how to obtain them and what legal protections they offer can provide survivors with direction on what action should be taken for protection of themselves as well as their families.