If you are ever in a situation where you need to take criminal action against someone, one route you may choose to follow is to file a restraining order. But what is a restraining order and what comes along with it? Here is everything you need to know before filing this petition of separation.
What is a restraining order?
A restraining order is a court order intended to protect you from someone you feel that can physically harm you. There are many reasons for filing for one, you have been hurt before and are using it as a method of protection, you must keep the abuser away from the scene of the abuse, and/or you need to keep someone from harassing you. This is a civil court order, and will not give the abuser a criminal record.
Who can get a restraining order?
Any victim of domestic abuse is eligible for a restraining order, as long as the criminal is 18 years-of-age or older. The victim can be of any age.
Who can help me get a restraining order?
First and foremost, it is important to choose a family lawyer who will have your best interests in hand. There are some things to keep in mind in how to choose an attorney. When you find an attorney you should make sure they are familiar with cases similar to yours, and that they are qualified in family law. This is important because not only can a family law attorney help you get a restraining order, but they can help you with your divorce proceedings along with child custody arrangements.
What does the order entail?
Depending on your specific arrangement, your restraining order can include some or all of the following:
It will order the abuser to not have any contact with you whether it be in person, on the phone, or through media.
The court will give you primary custody of your children, if you and the abuser have any together.
The judge may require the abuser to go to violence counseling or anger management.
Restraining orders are put in place for your protection. If you would like more information, contact your local family law attorney.