Restraining Orders

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With Restraining Order, the court prohibits a person from taking action against another person. They are often used in family law to protect against domestic violence, stalking, invasion of privacy.

The essence of the restraining order

In such an order, the court obliges the person to stay as far as possible from a particular person. It is a complete ban on communication in any way, both in-person and on the Internet, by phone — a ban on visiting the house where this person lives, his place of work. The order may specify that it is prohibited to send parcels, flowers, gifts to this person. Order can also indicate that any threats against this person are prohibited.

In some cases, plus the above, a person may be obliged to financially help a person whom the court is protecting with a restraining order. For example, this can be the payment of a mortgage, car expenses, compensation for property damage, or health.

Also, the court may oblige them to surrender firearms and ammunition to them, visit a psychiatrist, start treatment for drug or alcohol addiction.

A restraining order can restrict a person in parental rights. As a rule, this is a ban on communication with the child, visiting his place of study, and communication with his nannies, teachers.

Types of restraining orders in the United States:

• Temporary — issued in advance before the court hearing, immediately after the victim’s appeal. In this case, the opinion of the defendant is not taken into account. It is valid for about 1-2 weeks, that is, before the court hearing.

• Permanent for 1 year — issued after a hearing court to spouses or ex-spouses, persons with common children, cohabitants who have a relationship but are not married.

• Permanent for 2 years — no court hearings are required for such an order. Issued to victims who are not related or intimate with the abuser. That is if the abuser is a friend, work colleague, acquaintance, etc.