Restraining Orders & Protective Orders
With all the talk about domestic violence the term restraining orders is thrown around quite frequently. Do we truly understand the purpose of a restraining order and what it can and cannot do? When should you get a restraining order and will it be enough to protect you? What are the consequences if one violates a restraining order? The purpose of this article is to teach and clear up some of the most common misconceptions about restraining orders.
One of the first misconceptions regarding restraining orders is their purpose. They are not designed to punish: they are designed to prevent and in part to protect. A restraining order warns the other party against committing a certain action. It will state what action that is and what the consequences will be if they should knowingly violate the conditions of the restraining order.
Many people confuse restraining orders with protective orders. Protective orders are associated with preventing family violence. They are given against family members to prohibit child and spousal abuse. They are usually given to keep the family member from imminent physical harm. Restrainging orders are seen more commonly in divorce cases or when long term relationships end. They can prohibit the other party from emptying bank accounts, selling property, canceling credit cards and threatening phone calls. They can also help stop either party from diverting mail and taking similar actions. They are designed to protect each party until the civil action is completed.
What can happen if someone violates a restraining order?
It varies. The sanctions include fines, jail time and additional criminal charges being filed. What will happen will largely depend on the laws of your state and the conditions set on your restraining order.
A restraining order is not designed to punish. It is meant to prevent crimes from happening. If someone violates a restraining order they could face fines, jail and additional criminal charges. The restraining order itself has limited power. If used correctly it can help greatly in crime prevention. However, if too much faith is put on them they are useless. The onus will still be on you to report a restringing order violation. If you fail to do so then they cannot help you. If you are feeling threatened or your assets are left vulnerable after a break up, consider a restring order. It could be worth it.
Restraining and protective orders can help improve a difficult situation, and help you more on with your life without fear of harm. Discuss your options with a dedicated and experienced restraining order attorney, and begin to live your life again.