In family law, there are two types of restraining orders you can pursue if you have been abused: a temporary ex-parte restraining order and a family violence protective order. Discover what each restraining order entails and how we can help you.
Temporary Ex-Parte Restraining Order
To receive a temporary or permanent restraining order, you must have a hearing, present your case, and the judge will make his decision. However, this takes time, and victims of abuse are often nervous or scared that the abuser will hurt him/her again during this “waiting” period. A temporary ex-parte restraining order can help the victim feel safer and send a clear message to the abuser that if (s)he abuses the victim during this time, (s)he will face legal consequences.
If you feel like a temporary ex-parte restraining order is necessary, you will need to file a petition to the court. In your petition, you will relay the details of the abuse and why you believe you are in immediate danger. The judge will take this into consideration while deciding whether to grant a temporary ex-parte restraining order. If the judge agrees you are in danger, (s)he can grant you a temporary ex-parte restraining order that is in effect until the court hearing, normally within 14 days of petitioning the court.
Permanent Restraining Order
Once your court hearing is set, you can present your case to the judge as to why you need a permanent restraining order against your abuser. At this time, your abuser can plead his case, as well. A permanent restraining order can last 1 – 3 years. Not only will it be illegal for your abuser to be within a certain distance from you, but he will have to abide by the orders that the judge determines is necessary. Here are just five of many elements of a restraining order case a judge could include in the final verdict:
- Abuser must attend counseling/rehab.
- Abuser must pay child support or spousal support.
- Abuser cannot interfere with your travel, communication, etc.
- Victim has temporary custody of children.
- Victim has possession of home and car.
The Eittreim Martin Cutler Attorneys Can Help
Restraining order cases are emotionally, mentally, and physically draining for the victim. Understandably, if you choose to represent yourself, you may not be able to think clearly and make sound decisions. Our family law attorneys can take this burden off your shoulders and fight for you to have the best possible outcome. Call us today: 770-225-7000