What Is A Restraining Order

Abused spouses should invoke what is a restraining order, a legally binding document issued by a judge, which prohibits an abuser from coming within a certain distance or making contact with a victim of violence, stalking, or harassment. When relationships go awry and one or more partners exhibit aggressive behavior that could potentially bring physical harm or injury to another, the best recourse is for the victim to get a court-issued order which provides around-the-clock protection in the absence of local law enforcement. No one should have to endure threats of bodily harm or injury, rape, incest, or harassment at the hands of another.



Online research into what is a restraining order may reveal that these kinds of protective injunctions are common in domestic violence cases between couples who are married or cohabitate, but may also involve victims of rape and incest, stalking or terrorist threats. Specifically why some individuals choose to target and terrify others remains a mystery, but common factors range from mental and emotional illness, depression and joblessness, to alcoholism, chemical dependency, infidelity, or battles over child custody. Whatever the triggers, when relationships become violent, victims should not to continue to live under a constant threat of physical harm but exercise the right to have abusers legally restrained.



Under the jurisdiction of the state or county of the victim's residence, a judge may issue one of three types of what is a restraining order: an emergency protective injunction, or "ex parte;" an order of temporary personal protection; or a permanent order to prohibit contact indefinitely. In instances of domestic violence when a battered victim feels that their life and the life of those around them are threatened, he or she should seek immediate help from the police. Attending officers cannot issue injunctions, but if there is sufficient evidence the victim has been brutalized and is in immediate danger, they can call a judge who will issue an emergency order of personal protection to keep the perpetrator away--usually up to seven days.



A temporary order of personal protection offers victims of domestic abuse, stalking or harassment a 30-day safeguard against perpetrators while the court can schedule a hearing. The defendant may be prohibited from coming within 1,000 feet of the plaintiff's home or workplace, their child's school, or foster home. The judge may also issue what is a restraining order to prohibit perpetrators from buying or having a firearm in possession or selling jointly-owned property. A permanent restraining order will be granted for an indefinite time period if after hearing testimony from both parties a judge determines the victim's life or safety will be threatened unless the defendant can be restrained. Domestic violence victims must realize that in the courts of law, they can find safety; but true protection can only be found in Christ. "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 54:17).



To get an idea about what is a restraining order and the process for filing one, individuals may surf the Internet, visit the local magistrate or civil court, or hire an attorney specializing in divorce or abuse cases. The abused party may also go to local law enforcement authorities and press charges against the attacker. Signs of physical mistreatment, such as bruises, cuts, or burns will be photographed during the interview with the police. A signed statement will be taken from the plaintiff and entered as an incident report. Im cases of extensive or life threatening abuse, charges against the batterer will result an arrest, and the abuser will be taken into custody and bond set. The advantage of issuing an immediate request for personal protection is that while the defendant is awaiting a court hearing, he or she cannot come within a certain distance of the plaintiff or make contact. This prohibits any further exacerbation of physical violence or opportunity for future altercations which can result in serious bodily injury or even death.



When minor children are involved, a judge may issue what is a restraining order to keep the abusive parent from interfering in the lives of the victimized parent and their offspring. Victims should contact local law enforcement immediately if a perpetrator attempts to disobey a court order of protection. Many times after altercations, abusers may become remorseful and want to make amends. They may ask for forgiveness or make promises to change; but temporary remorse may not be sufficient grounds for reconciliation. Abusive spouses or significant others should attend anger management and relationship classes or get some sort of psychological evaluation to determine the cause of the tendency to inflict pain on a loved one. After such sessions, couples are more likely to reconcile without repercussions of violence or aggression.



Issuing what is a restraining order which stipulates mandatory counseling for the abuser may produce long term results. Once the abuser completes anger management classes or gets psychological evaluations and no longer exhibits aggressive behavior, couples may experience emotional healing. Although initially reluctant, the batterer usually must agree to counseling or face reprisals, including incarceration or paying a hefty fine for inflicting emotional distress. While altercations between married or cohabitating couples may be the most common reason to obtain a personal protection order; perceived or actual physical violence, stalking or harassment between coworkers, employers and employees, neighbors, or any other two individuals may warrant what is a restraining order. To avoid the possibility of bodily injury or harm, victims should always seek the aid of local law enforcement or an attorney when a serious threat of endangerment arises.