In family violence cases, the victim can request a restraining order. This is a court-ordered document that serves to create a legal boundary between the victim and the abuser. Allow us to explain the different ways a restraining order can help you.
Temporary restraining orders can be issued immediately.
If you fear for your safety, you can request a temporary restraining order (TRO) which can be issued immediately. This TRO is in effect until a hearing takes place which is normally within 14 days from the date you filed for the TRO. With approval from the judge, your TRO can turn into a permanent restraining order (PRO). Contrary to the name, permanent restraining orders do not last a lifetime, but rather from 1 – 3 years.
A restraining order provides clarity to the parties involved.
When a restraining order is issued, the parties know exactly what is and isn’t allowed. If the guilty party breaks the rules of the restraining order, the police can be called, and an arrest can be made. It will be nearly impossible for the guilty party to “not know” that a rule is being broken. In many cases, the restraining order can include conditions such as:
- Mandatory counseling
- No form of contact
- Staying a certain distance away from the victim
The conditions are dependent on the specific case, actions of the accused, and the wishes of the victim. Creating a safe and healthy boundary between the victim and the accused is a major goal for restraining orders.
All states will honor and enforce your restraining order.
It is a federal law that restraining orders are enforced even if it was issued in a different state. That means if you move or travel to a different state, law enforcement will respond to your call if your restraining order is violated. Your restraining order will not be revoked if you choose to move states.
EMC Family Law Can Help
If you feel threatened, it is imperative that you call the authorities to protect your safety. Afterward, call our experienced attorneys to discuss your case. Our compassionate team will zealously fight for your protection! Don’t hesitate to contact us with questions: 770-225-7000