A restraining order is a legal tool that can help protect you from abuse. They are especially useful for people who have suffered domestic violence or stalking.
A restraining order is usually a temporary order that expires in 14-21 days. It can be extended by going to court and attending a hearing.
What is a Restraining Order?
A restraining order is a court order that stops someone from doing something in relation to you. These orders can also stop a person from making threats against you or harassing you.
A victim who is in need of a restraining order can contact the police or their local court to request a protective order. Violating a restraining order can result in arrest, penalties, and contempt charges.
Often, a restraining order is issued in a case involving domestic violence. If you are experiencing domestic violence, seeking legal advice from a Rocket Lawyer On Call(r) attorney is important to understand your rights and options.
Restraining orders are a valuable tool in fighting domestic abuse and defending your constitutional rights. They can help protect you from harm, but obtaining one requires a skilled and knowledgeable attorney. Reach out to a Rocket Lawyer On Call(r) today for affordable legal assistance. They will provide you with expert guidance through the entire restraining order process.
Who Can File for a Restraining Order?
If you are a victim of domestic violence, restraining orders can protect you. You can file for a restraining order against someone who is your spouse, ex-spouse, partner, cohabitant or child’s parent, or another close relative like a sibling or grandparent.
A restraining order can last weeks, months, years, or even permanently. It can protect you from physical violence, harassment, stalking, and more.
There are two restraining orders in New York State: Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO). A TRO is a short-term, pre-trial injunction that will last until a court hearing can be scheduled.
To start the restraining order process, you must file a petition for protection in Family Court. You will fill out a Petition that includes every incident of abuse, why you need an order, and what relief you are seeking.
How Do I Get a Restraining Order?
If you want to get a restraining order, you need to have proof that the person you are asking the court to restrain is threatening you. This means that you need to have something concrete to show the judge, like a police report or two.
You can use a legal aid clinic or a social worker who is experienced in domestic violence matters to help you complete the paperwork. The person you file against will be served with the papers, and a hearing date will be set.
You can also ask the court to grant you a temporary restraining order if you feel you are in immediate danger and need the protection of the law right away. You do this by filing a Motion and Affidavit for an Emergency Hearing (Temporary Restraining Order) against Harassment and Stalking, from SCCA 752.
What Happens if I Violate a Restraining Order?
A restraining order can be a powerful tool in protecting someone from abuse. A restraining order often prohibits an aggressor from entering the home of the victim, going to the victim’s job or school, or contacting the victim electronically (including over social media) without permission from the court.
Depending on the terms of the restraining order, violating it can come with harsh consequences. First-time violations are typically misdemeanors, while repeat offenses can lead to felony charges and prison time.
Most states’ laws authorize police to arrest someone who knowingly violates a restraining order. If they’re found to have done so, the suspect may be charged with a crime, such as a domestic violence crime or a stalking crime.