Do You Need to Get a Restraining Order

Restraining orders are orders of protection that legally bind someone from having contact with or otherwise coming near another individual. This protection order is used to keep people that are having problems with one another apart. If you are afraid for your safety, then obtaining a legal form of restraining order is one part of the process to protect yourself.

Terms of restraining orders vary from state to state, and different things do apply. Some rules of a restraining order are common to all of them. The following information generally applies to all restraining orders.

Restraining orders are enforced with very strict rules, and violating a restraining order can have very stiff penalties. The charges one might incur if they violate a restraining order may vary from contempt of court, to a severe felony in some cases. This can lead to serving time in a State prison and is enforceable by any law enforcement agency that is informed of the restraining order.

Generally, restraining orders will have specific expiration date information. In the absence of this, one should expect that the expiration is three years from the date of issue. Some aspects of a restraining order that has to do with child custody do not expire until the court deems it so.

The person that is served with a restraining order will be required to report to the court the fact that they received this legal order. Usually the time period to do so is 72 hours. If they break the terms of the restraining order before being served, then law enforcement will advise them and then enforce the order if they do not comply immediately.

Another important part of a restraining order is the fact that the person that is served is not allowed to own or otherwise possess a firearm. This is due to the high potential for violence among many of these situations. Failure to comply with this court order can result in fines and imprisonment.

Child custody issues are not allowed to interfere with the terms of the restraining order. The best interests of the child are always held in higher regard than all others.

Many people have a restraining order filed and think that this is all that is needed to keep them safe. Sadly, this is often not the case as people are only able to be arrested after they have broken the restraining order. Due to this, the damage is sometimes already done. If you are in danger for your life, filing a restraining order is certainly something that you should do. However, you should also take steps to insure that you are safe in addition to preparing and filing this legal form.

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