Temporary Restraining Order
Requesting a temporary restraining order may be the first recourse in seeking protection for victims of domestic violence, stalking, or harassment. Individuals at risk of personal injury or harm due to an abusive spouse, deranged intruder, irate neighbor, or an incestuous relative do not have to live in fear or take the law into their own hands. A court-ordered injunction provides personal around-the-clock protection for up to 30 days. The temporary injunction is a legal document which directs a perpetrator from coming within a certain distance of the victim; making contact with the victim via telephone, email or through a third party; or making inquiries about the victim's whereabouts.
Almost anyone who feels in danger of physical harm at the hands of another can request a temporary restraining order by going to local law enforcement authorities or applying at a local magistrate or civil court. Battered wives, parents of child abuse victims, coworkers, significant others, former spouses, victims of Internet bullying, and others are all protected under the law from individuals who threaten them with bodily harm or personal injury. "In righteousness shalt thou be established: thou shalt be far from oppression; for thou shalt not fear: and from terror; for it shall not come near thee." "No weapon that is formed against thee shall prosper; and every tongue that shall rise against thee in judgment, thou shalt condemn. This is the heritage of the servants of the Lord, and their righteousness is of me, saith the Lord" (Isaiah 54:14-15; 17).
Men or women who have received threats of physical abuse should not hesitate to contact the authorities. Documenting threats via instant messaging, emails, texts, via telephone or in person will provide the police with physical evidence that an attacker seriously intends to inflict harm. In cases where a victim has been physically abused, raped, or beaten, local police can request a judge to issue an emergency protective order which provides immediate personal safety for seven days until the 30-day temporary restraining order can be issued. As soon as possible after an altercation, abused and battered victims should go to the nearest police station and file charges against the perpetrator. Law enforcement officials will have a nurse on hand to examine the victim for bruises and lacerations and take photos which may be used as evidence should the case come to court. Victims of rape should refrain from showering, as the police will want DNA evidence to corroborate charges.
Once a judge signs the temporary restraining order, the perpetrator is served the injunction which establishes parameters for future involvement with the victim. An attacker may be commanded not to come within a certain distance of a battered spouse, coworker, or former girlfriend, usually 1,000 feet. Child abuse victims may be placed in foster care, and battered wives may enter a protective shelter in an undisclosed location until the court can schedule a hearing. The attacker is prohibited by law from making inquiries about the victim's whereabouts at a child's school, the custodial parent's workplace, the daycare center, or relatives' homes. In domestic violence cases, jointly owned property is prohibited from being sold by an alleged abuser and he or she cannot purchase or own a handgun. Additionally, copies of a temporary restraining order may be issued to the schools where minor and teenaged children attend so that officials are apprised of the injunction and alerted to the potential for kidnapping. Custodial parents, guardians or close relatives of children suspected of being sexually abused should never violate a protective order against a perpetrator. Efforts should be made to protect the child from further harm by keeping a close watch. Alert babysitters, relatives and family friends about attempted unsupervised visits from the abuser, and insist that the child always be accompanied by a responsible adult.
The purpose of a temporary restraining order is to buy time and put some distance between an abuser and the attacker. When husbands and wives or significant others cannot cohabitate peacefully, a 30-day injunction provides ample time for a volatile or potentially dangerous situation to dissipate. During the month-long court-ordered separation, partners may decide to go their separate ways or reconcile under certain circumstances. An abuser may be directed to attend mandatory anger management classes or psychological counseling before being allowed to come near the victim again. Child sex abusers will likely be incarcerated and the chances of coming in close contact with the victim or minor children will be nil. Coworkers, strangers, neighbors and others guilty of harassment, making terroristic threats, or stalking may also serve jail time if the temporary restraining order is violated. Other repercussions include paying a hefty fine to the victim due to inflicting emotional suffering, or making a court-ordered restitution.
Domestic abuse victims should also restrain from violating a temporary restraining order by allowing the perpetrator back into the home. Abusive lovers and spouses may become remorseful and promise the moon, but victims should not allow emotions to overrule good common sense. A protective order is only as effective as both parties make it. Victims have as much responsibility as abusers to abide by the court's decision to provide 24/7 personal safety. A dozen roses or a hundred apologies can never replace the need for real solutions like psychological counseling for individuals who feel the need to perpetrate abusive behavior. Lessons can be taken from the hundreds of thousands of unwitting victims of domestic violence who eventually wind up in the county morgue because of blindly trusting an overly aggressive spouse or partner. Diligent compliance with a protective order is added insurance against personal injury or bodily harm.
Almost anyone who feels in danger of physical harm at the hands of another can request a temporary restraining order by going to local law enforcement authorities or applying at a local magistrate or civil court. Battered wives, parents of child abuse victims, coworkers, significant others, former spouses, victims of Internet bullying, and others are all protected under the law from individuals who threaten them with bodily harm or personal injury. "In righteousness shalt thou be established: thou shalt be far from oppression; for thou shalt not fear: and from terror; for it shall not come near thee." "No weapon that is formed against thee shall prosper; and every tongue that shall rise against thee in judgment, thou shalt condemn. This is the heritage of the servants of the Lord, and their righteousness is of me, saith the Lord" (Isaiah 54:14-15; 17).
Men or women who have received threats of physical abuse should not hesitate to contact the authorities. Documenting threats via instant messaging, emails, texts, via telephone or in person will provide the police with physical evidence that an attacker seriously intends to inflict harm. In cases where a victim has been physically abused, raped, or beaten, local police can request a judge to issue an emergency protective order which provides immediate personal safety for seven days until the 30-day temporary restraining order can be issued. As soon as possible after an altercation, abused and battered victims should go to the nearest police station and file charges against the perpetrator. Law enforcement officials will have a nurse on hand to examine the victim for bruises and lacerations and take photos which may be used as evidence should the case come to court. Victims of rape should refrain from showering, as the police will want DNA evidence to corroborate charges.
Once a judge signs the temporary restraining order, the perpetrator is served the injunction which establishes parameters for future involvement with the victim. An attacker may be commanded not to come within a certain distance of a battered spouse, coworker, or former girlfriend, usually 1,000 feet. Child abuse victims may be placed in foster care, and battered wives may enter a protective shelter in an undisclosed location until the court can schedule a hearing. The attacker is prohibited by law from making inquiries about the victim's whereabouts at a child's school, the custodial parent's workplace, the daycare center, or relatives' homes. In domestic violence cases, jointly owned property is prohibited from being sold by an alleged abuser and he or she cannot purchase or own a handgun. Additionally, copies of a temporary restraining order may be issued to the schools where minor and teenaged children attend so that officials are apprised of the injunction and alerted to the potential for kidnapping. Custodial parents, guardians or close relatives of children suspected of being sexually abused should never violate a protective order against a perpetrator. Efforts should be made to protect the child from further harm by keeping a close watch. Alert babysitters, relatives and family friends about attempted unsupervised visits from the abuser, and insist that the child always be accompanied by a responsible adult.
The purpose of a temporary restraining order is to buy time and put some distance between an abuser and the attacker. When husbands and wives or significant others cannot cohabitate peacefully, a 30-day injunction provides ample time for a volatile or potentially dangerous situation to dissipate. During the month-long court-ordered separation, partners may decide to go their separate ways or reconcile under certain circumstances. An abuser may be directed to attend mandatory anger management classes or psychological counseling before being allowed to come near the victim again. Child sex abusers will likely be incarcerated and the chances of coming in close contact with the victim or minor children will be nil. Coworkers, strangers, neighbors and others guilty of harassment, making terroristic threats, or stalking may also serve jail time if the temporary restraining order is violated. Other repercussions include paying a hefty fine to the victim due to inflicting emotional suffering, or making a court-ordered restitution.
Domestic abuse victims should also restrain from violating a temporary restraining order by allowing the perpetrator back into the home. Abusive lovers and spouses may become remorseful and promise the moon, but victims should not allow emotions to overrule good common sense. A protective order is only as effective as both parties make it. Victims have as much responsibility as abusers to abide by the court's decision to provide 24/7 personal safety. A dozen roses or a hundred apologies can never replace the need for real solutions like psychological counseling for individuals who feel the need to perpetrate abusive behavior. Lessons can be taken from the hundreds of thousands of unwitting victims of domestic violence who eventually wind up in the county morgue because of blindly trusting an overly aggressive spouse or partner. Diligent compliance with a protective order is added insurance against personal injury or bodily harm.
Temporary Restraining Order
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