Obtaining Restraining Orders

Obtaining restraining orders is pursued when a party seeks the legal protections intended to prevent another party from doing or threatening harm to that person. Obtaining restraining orders can be done by the victim(s) of abuse or on behalf of a minor who is the victim of abuse or threatened abuse. Obtaining restraining orders is achieved by requesting such legal action from the Superior court which rules in the relevant jurisdiction. Obtaining restraining orders is usually done in the same jurisdiction where the abuses take place or where one or both of the involved parties resides.

Obtaining restraining orders is done by the victim who becomes the petitioner in the eyes of the law. The person against whom the restraining order is sought becomes the respondent. Obtaining restraining orders can be a viable legal action whether or not an arrest has been made in the incident. Obtaining restraining orders can occur within a short period of time. Temporary restraining orders can be granted upon the approval of a superior court judge. These are typically valid between the time of obtaining restraining orders and a subsequent legal hearing to determine if a permanent restraining order should be granted and/or other legal action be granted.

Obtaining restraining orders can protect a victim in many ways. Obtaining restraining orders can force the respondent to leave a household or other area and prevent them from entering the household and other areas in proximity to the petitioner. Obtaining restraining orders can also grant temporary or permanent child custody to a particular party while barring contact with another. Obtaining restraining orders can also direct the respondent to pay child support or make specified debt payments.

When obtaining restraining orders, there are a few types of restraining orders which may be granted given your specific circumstances. Domestic violence restraining orders are granted to protect the victims of domestic violence against further harm committed by the respondent. Obtaining restraining orders of this nature can usually be achieved the same day they are requested or the next day. Obtaining restraining orders can also be achieved in cases of child abuse or vulnerable adult abuse. The prevention of harassment is another reason a party may be interested in obtaining restraining orders.

In order to be successful in obtaining restraining orders, the petitioner must present the Superior court system with a viable need for such legal protection. There may or may not be fees when obtaining restraining orders. In some cases, obtaining restraining orders will require that the petitioner pay the courts a given amount of money. In other cases the courts can waive these charges or may order the respondent to pay relevant fees.

Once a petitioner is successful in obtaining restraining orders any violation of this court order will result in the arrest of the respondent. After obtaining restraining orders the court will often hold a special hearing or other subsequent legal trials in order to determine if further legal action is appropriate and necessary. For more information on obtaining restraining orders, you may wish to contact a professional and qualified legal expert who can provide information and assist you in obtaining restraining orders.

Online Lawyer Source

Lawyers & Legal News Near You

Need Legal Help?

Start Here for a Free Case Review!

Restraining Orders

Find a Lawyer in Your State

Need Help?

Obtaining Restraining Orders

Other Areas of Criminal Law