Restraining Orders

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Restraining order – By this order, the court prohibits a person from committing any actions against another person. They are most often used in family law to protect victims of domestic violence, harassment, invasion of privacy.

What is a Restraining Order?

Most often, the court obligates a person to stay as far away as possible from a specific person. It is a complete ban on communication in any way, personal, on the internet, or by phone with them. It is also a ban on visiting the house where this person lives, or their place of work. The order may specify that it is forbidden to even send parcels, flowers, or gifts to this person. 

In some cases, in addition to the above, a person may be obliged to materially help a person whom the court protects with a restraining order. For example, it can be payment of a mortgage, car costs, compensation for damage to property or health.

The court may also oblige to surrender firearms and ammunition, visit a psychiatrist, and start being treated for drug or alcohol addiction.

By a prohibitive order, a person may restrict parental rights. As a rule, this is a ban on communicating with a child, visiting his place of study and communicating with his nannies, teachers.

Types of restraining orders in the United States:

– Temporary – issued in advance, that is, before the court hearing, immediately after the victim’s appeal. At the same time, the opinion of the defendant is not taken into account. It is valid for about 1-2 weeks, that is, until the court session.

– Permanent for 1 year – issued after a court hearing to spouses or former spouses, persons who have common children, cohabitants who have a relationship, but they are not married.

– Permanent for 2 years – such an order does not require court hearings. Issued to victims who are not related or intimate with the offender. That is, if the offender is a friend, a work colleague, an acquaintance, etc.