What every domestic violence victim needs to know about restraining orders

On Behalf of | Mar 9, 2022 | Domestic Violence

Sadly, many relationships turn violent. Anyone suffering at the hands of a loved one needs the situation to stop.

One step that people experiencing abuse should take is obtaining a restraining order. An understanding of this legal mechanism will benefit those who seek one.

Filing for a restraining order

Putting a protective measure into motion requires filling out and mailing a petition. Courts in different regions have unique protocols. Follow every rule to reduce the odds of a plea rejection. Most courts explain everything for a successful filing on their websites. With this step complete, courts will schedule a hearing about your situation. In the meantime, you will have a temporary restraining order in place as a stopgap measure.

Enforcing a restraining order

Once your restraining order is secure, it is in effect no matter where you go within the country. Even if you move to another state, federal law declares that the order is valid. Authorities must enforce protective orders no matter their place of origin.

Objecting to a restraining order

The person you are issuing a restraining order against will receive a notification. This individual is likely to appeal your motion. For this to happen, the target of your petition must appear before a judge. The justice in charge may amend or dismiss your request. The final ruling depends, in part, on evidence and witness testimony.

A restraining order does not prevent someone from continuing to threaten you. Nonetheless, having one could discourage your tormenter from persistently doing so. Look into the possibility of getting one and know the process.