Friday 7 October 2011

Restraining Order Procedures


!±8± Restraining Order Procedures

The process for obtaining a restraining order can be a potentially problematic procedure, as many jurisdictions require victims to contact the authorities within a certain operating time period each day. However, there are alternative methods available to those seeking legal protection if they cannot wait until the next opportunity to obtain a temporary restraining order.

In many jurisdictions, obtaining such court orders requires those applying for legal protection to contact the appropriate law enforcement division by arriving in person for paperwork and a brief hearing. While this temporary restraining order is available often without the presence of the person who is being restrained, it also does not carry the long-term coverage of a full order. However, it will grant a person the ability to call the police for assistance if the terms of the order are violated, and it can also result in the punishment of offenders.

While the temporary order is in effect, a court date may be set for a full hearing regarding the future legal status of the abuser. If granted, an abuse victim may obtain a more lengthy restraining order in terms of time, generally running for about a year. This may then be renewed if necessary after the time period is over to extend the protection of the order.

If a person does not believe that they are safe through the night and cannot find a shelter to stay at, the local law enforcement office may be able to provide direction for an emergency order. These orders provide immediate protection from an abuser, but require significantly more intensive paperwork and hold particular qualifications in order to be issued. However, if a person believes they are in immediate danger, this option may be an extremely useful legal measure.

For more information regarding restraining order procedures, contact a family law attorney.


Restraining Order Procedures

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