Monday, March 11, 2013

Restraining Orders including temporary restraining orders and domestic violence restraining orders

By Yasser Latif Hamdani

This article will explain the process of getting a restraining order in the US:

What is a restraining order?

A restraining order is a court order - a civil order- designed to protect a party from someone who that party legitimately feels threatened by. In most cases this falls in the definition of Domestic Violence. The most obvious case where one party may seek a restraining order is a case of domestic violence.  If you are in an abusive relationship you may have a case against your partner for a restraining order.

Domestic violence involves an adult or an emancipated minor as the perpetrator and can include the following: 
·         Harassment
·         Homicide
·         Kidnapping
·         Lewdness
·         Sexual assault
·         Stalking
·         Burglary
·         Criminal mischief
·         Criminal restraint
·         Terrorist threats
·         Criminal sexual contact
·         Criminal trespass

A temporary restraining order:

A temporary restraining order is a pre-trial injunction given when the party convinces the court that unless the order is granted the party shall suffer irreparable loss.  A temporary restraining order becomes permanent after the trial if the court finds enough cause to give it permanence. 

Unless specified in the order, there is no time limit and a restraining order can continue in perpetuity. 

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