You hear criminal lawyers telling news reporters and the public every time they are asked about what they are going to do next for their clients. Sometimes, the phrase ‘restraining order’ is becoming more of an automatic response for lawyers and other members of the legal profession. But, do you really know what restraining order is?
Understanding Restraining Order
Jurisdictions may use different terms, but Timpano Legal says that the essence is practically the same. Restraining orders are otherwise known as protective orders. Technically, it consists of a court order that protects any person from the actions or behavior of another person or entity. These actions or behaviors that the person requires protection from can include physical or sexual abuse, threats, stalking or even harassment.
For example, if you have a stalker who has been taunting you day in and out, you may need a court order to stop this individual from doing such things. In effect, the court is restraining that person from stalking you.
Can You Apply for a Restraining Order?
Anyone who feels threatened, either through physical harm or mental and emotional anguish, has the right to file for a restraining order in court. A great majority of restraining orders are made in response to victims of domestic violence. Other restraining orders are designed to stop a person from doing certain specific acts or to keep a person away from the protected person.
Generally, any person who has been a victim of assault, battery, threats, sexual abuse, physical abuse, harassment, stalking, lewdness and other violations against the person can file for a restraining order. It’s best to understood, however, that you can clearly identify who needs to be restrained.
Is this Permanent?
Unfortunately, restraining orders are only temporary. This is why they are often called TROs or temporary restraining orders. In most jurisdictions, this is around 10 days. Upon expiry of the TRO, you and the restrained person will have to appear before a court to settle the matter once and for all.
Restraining orders are temporary measures to allow victims of harassment and abuse as well as other personal violations to feel safe even for a short time. The point is, if you feel your rights are being violated by someone that you know, you can always file for a restraining order.