The Restraining order, sometimes referred to by the name of Order of Protection, is an order of civil nature made by a court. It is intended to safeguard yourself from being injured or victimized by an abusive person. It is also a way to prevent the perpetrator from being on being in the way of violence that could include your home or the place where you work.
If you feel you need protection from abusers You must first fill out the paperwork and submitted to the county courthouse to get a judge’s signature. You can complete the form yourself, or speak to your lawyer to request assistance, and to determine if your situation is eligible for a restraining or protective order, or if you require police assistance or other help. It is not necessary to hire an attorney to sign the form but, as with every legal situation, it’s always a good idea to have an attorney advocate to help you.
To be eligible to receive the Order of Protection, typically there must be a connection with the person who hurt you. Some of the scenarios which are considered to be eligible are:
- Your marriage was to the one who hurt you.
- You have divorced or separated from the one who hurt you.
- The person who has hurt you (that is a stepparent, parent child aunt, uncle grandparent or a cousin who you share children, or with whom you claim to have children);
- Dating (or the time you previously had a relationship with) that person or persons who has hurt you.
- Engaged with (or was previously engaged with) someone who has hurt you;
- living with (or used to live together) someone who hurt you.
- If you’re disabled as an adult.
After being filed the restraining order becomes valid upon the judge’s signature. It will remain in effect until the date of court, which is usually a couple of weeks after the date of filing.
The person who seeks the restraining order has to attend the hearing in the beginning regardless of whether the person who is causing the abuse may not have been informed of the proceedings. The hearing will take place before the judge on a designated date or day that you make the Petition according to the jurisdiction. In addition, you are given the chance to present your case before the judge during that time.
The restraining orders will give an opportunity for a subsequent court appearance, in which the perpetrator has a right to be in court. In the second appearance both parties will have the chance to discuss their aspect before the judge. It is highly recommended you have a lawyer present at this hearing, since the judge will decide the final order, referred to as the Plenary Order of Protection along with the duration and terms that the court will impose on you. A seasoned family law attorney will possess the knowledge and skills to effectively present your case and improve your odds of obtaining the Plenary Order of Protection, which is valid until two years after the date of Illinois.
If an abuser doesn’t appear in court the judge can maintain the temporary order in place until the perpetrator is taken to court. If the perpetrator was correctly served with evidence of service, the Court could issue an order that is final at that point. What happens if the Petitioner does not appear? If the Petitioner doesn’t show up, the temporary Order for Protection and/or the Petition that was filed will be dismissed.
Restraining order is in effect ? What now? What is the process?
The person who made the order for restraining is the one who enforces for the order. Do not permit the person who has been abusing you access to your office or home and don’t accept calls. Any violation of the restraining order need to be immediately reported to police. Any violation of the order is deemed to be a crime, which is a misdemeanor and the abuser could be detained even though police may not have been aware of the offense. In addition, charges for contempt could be filed against the person who is abused in civil court if someone who is restrained is found to be in violation of an order.
You will be given an order copy to carry with you throughout the day. Contact the police if you believe the abuser is in violation of the rules. The police will take action against anyone who is in violation of any provision of the order which is designed to protect you from harm or threats. Carrying your order throughout the day it will be much simpler for police officers to verify the order and be able to understand the present situation. If you are unable to locate the order or it gets destroyed, you must go back to court to obtain a new copy.
Court Violations and Criminal Charges
Criminal charges are filed with the local police department in order to bring charges against the perpetrator. It is not required to bring criminal charges, but the law allows you to make them available if you prefer. In many states, you can have at least one year following any incident to make a criminal complaint. If the person who abused you is found to be guilty of the allegations, the court may sentence the perpetrator through penalties, such as probation or even prison.
Read Also About How To Find The Best Civil Rights Lawyer?
Frequently Asked Questions:
Q. How much does a restraining order cost?
Each state has its own regulations, laws, and costs regarding restraining orders. They may charge anywhere between $100 to $400. Regardless of the cost and state, the point is restraining orders are not free. This can be an issue for some individuals and could potentially limit a victim’s ability to file for an order.
Q. Do you have to go to court for a restraining order?
Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
Q. What does a restraining order do?
A PO can offer protection from harassment by: Prohibiting the perpetrator from doing any harassing acts towards the victim; Requiring that nobody publish harassing communications, or continue to publish such communications; Referring the perpetrator and/or the victim to attend counselling or mediation; and/or.
Q. How do you get a restraining order hearing?
- Violent incidents.
- Threats of violence.
- Stalking behaviors.
- Harassing behaviors.
- Tell the judge where you were hit, how many times and the injuries and pain you experienced.
- Whether or not a weapon was used.
- Do not paraphrase if it can be avoided. Try to use exact phrases and be as specific as possible.
Q. How can you prove harassment?
- the defendant has pursued a course of conduct.
- the course of conduct amounted to harassment of another person.
- the defendant knew or ought to have known that the course of conduct amounted to harassment.