Protect Yourself from an Abusive Partner with a Domestic Violence Protection Order

Around 20 people in the US suffer from domestic violence every minute, which means more than 10 million people every year. This significant number shows the need to address the problem and find ways to stop domestic violence. 

Nonetheless, the solutions and help for domestic violence are readily available these days. You can simply search the internet using keywords like a domestic violence lawyer near me and seek professional legal help on the go. They can help you get a domestic violence protection order and save you from abuse.

Understanding how restraining orders work

A restraining order will help you if you face assault, threats, sexual assault, harassment, stalking, etc., from your intimate partner. You can get either a temporary restraining order or a final restraining order.

Temporary restraining order (TRO)

  • A temporary restraining order or temporary ex parte restraining order (TRO) is for those who need a restraining order immediately.
  • The judge grants a TRO if he/she feels protecting the victim’s health, well-being, or life is important.
  • A judge can issue a TRO based on the information provided by the victim without the accused being present in court.
  • A TRO remains in effect until the final hearing.

Final restraining order

  • A final restraining order is issued after the final hearing.
  • The judge reviews testimonies, evidence, witness statements, etc., from both sides before issuing the final restraining order.
  • A final restraining order may last forever as it does not have an end date.
  • One of the spouses can file a motion in court for the order to end or modify.

Protections offered by restraining orders

Restraining orders are meant to protect the interests of the victims of domestic violence. They safeguard the well-being of victims in many ways.

Protections in a temporary ex-parte restraining order (TRO)

  • It can forbid the accused to return to the scene where the domestic violence took place.
  • It can forbid the accused from possessing any type of firearm or other weapons.
  • It can order police officers to search for and seize the weapon at any location, as the court has ordered.
  • It can give victims the possession of the pets living in the household where the domestic violence took place.
  • Give temporary custody of the children to the victim.
  • Give possession of the household to the victim, irrespective of who owns the property.

Protections in a final restraining order

  • A final restraining order may restrain a convict from threatening, harming, harassing, stalking, and/or committing violence against the victim or anyone else named in the order.
  • The order requires the convict to stay away from home, school, property, or any other place as specified in the order.
  • Support victims and/or children and pay rent/ mortgage on the victim’s home.
  • Refrain the convict from contacting the victim through telephone, third person, in writing, or in any other way.
  • Pay the victim for damages, injuries, lost wages, etc.
  • Prohibit the convict from owning or purchasing a firearm and seize it if the convict already owns one.
  • Attend counseling, undergo psychiatric diagnosis, etc.

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