Divorce Restraining Orders
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A Restraining Order is a civil order as well as a court order. The intent of this order is to protect the victim from his/her abuser. It does not result in a criminal record for the abuser. The order serves the following purposes.
- Keeping the abuser away from the location of violence. This may be an apartment or place of work or a residence
- Stopping the abuser from harassing the victim
- Asking the abuser to remain away from the victim
Purport of Domestic Violence in Divorce Restraining Orders
When an emancipated minor or an adult commits one or more of the following against a victim, it is categorized as domestic violence.
- Stalking
- Sexual assault
- Lewdness
- Kidnapping
- Homicide
- Harassment
- False imprisonment
- Criminal trespass
- Criminal sexual contact
- Terrorist threats
- Criminal restraint
- Criminal mischief
- Burglary
- Assault
Impact of Divorce Restraining Orders
In the recent past, some alterations have been made in restraining order laws. These impact the ability of the alleged abuser to be granted child custody. The ability of this abuser to try to gain sole custody in future cases can be affected. The solution if this situation arises is that the divorce lawyer of the abuser must attempt to dismiss the restraining order and instead accept a 'domestic relations restraining order.' This order has considerably less impact on the abuser's future.
Apart from losing child custody, the alleged abuser may have to face the following.
- A perpetual risk of arrest for reported violation
- Loss of the right to possess firearms and hunt
Pertinent points regarding Divorce Restraining Order
- One can approach any courthouse and obtain forms and instructions for restraining orders
- The other alternative is to approach legal services offices or domestic violence hotlines and shelters for these forms and instructions
- No fees are levied for filing these forms
- Generally, the day on which you complete the paperwork is the day when you can see a judge
- A procedure exists as per which you can be issued the restraining order through the telephone. This is used when you reside far away from the courthouse
- As per the law, initially, a 'temporary restraining order' (TRO) is issued. This can be enforced for a temporary period
- On the TRO, a date is mentioned on which you must appear in court. In a majority of states, this date is 10 days after the date on which the TRO was issued
- During this period of 10 days, the Sheriff's office or the police serve a copy of the TRO to the abuser. The objective is that the abuser should be intimated the date of the hearing
- The abuser as well as the victim should attend the hearing
- The victim must retain a copy of the restraining order with himself/herself
- If the victim shifts to any town and fears that the abuser might harm him/her in this town, he/she should submit a copy of the restraining order to the police in this town
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