What Is A Restraining Order

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Abused spouses should invoke what is a restraining order, a legally binding document issued by a judge, which prohibits an abuser from coming within a certain distance or making contact with a victim of violence, stalking, or harassment. When relationships go awry and one or more partners exhibit aggressive behavior that could potentially bring physical harm or injury to another, the best recourse is for the victim to get a court-issued order which provides around-the-clock protection in the absence of local law enforcement. No one should have to endure threats of bodily harm or injury, rape, incest, or harassment at the hands of another.

Online research into what is a restraining order may reveal that these kinds of protective injunctions are common in domestic violence cases between couples who are married or cohabitate, but may also involve victims of rape and incest, stalking or terrorist threats. Specifically why some individuals choose to target and terrify others remains a mystery, but common factors range from mental and emotional illness, depression and joblessness, to alcoholism, chemical dependency, infidelity, or battles over child custody. Whatever the triggers, when relationships become violent, victims should not to continue to live under a constant threat of physical harm but exercise the right to have abusers legally restrained.

Under the jurisdiction of the state or county of the victim's residence, a judge may issue one of three types of what is a restraining order: an emergency protective injunction, or "ex parte;" an order of temporary personal protection; or a permanent order to prohibit contact indefinitely. In instances of domestic violence when a battered victim feels that their life and the life of those around them are threatened, he or she should seek immediate help from the police. Attending officers cannot issue injunctions, but if there is sufficient evidence the victim has been brutalized and is in immediate danger, they can call a judge who will issue an emergency order of personal protection to keep the perpetrator away--usually up to seven days.

A temporary order of personal protection offers victims of domestic abuse, stalking or harassment a 30-day safeguard against perpetrators while the court can schedule a hearing. The defendant may be prohibited from coming within 1,000 feet of the plaintiff's home or workplace, their child's school, or foster home. The judge may also issue what is a restraining order to prohibit perpetrators from buying or having a firearm in possession or selling jointly-owned property. A permanent restraining order will be granted for an indefinite time period if after hearing testimony from both parties a judge determines the victim's life or safety will be threatened unless the defendant can be restrained. Domestic violence victims must realize that in the courts of law, they can find safety; but true protection can only be found in Christ. "No weapon that is formed against thee shall prosper; and every tongue that shall rise against thee in judgment thou shalt condemn. This is the heritage of the servants of the Lord, and their righteousness is of me, saith the Lord" (Isaiah 54:17).

To get an idea about what is a restraining order and the process for filing one, individuals may surf the Internet, visit the local magistrate or civil court, or hire an attorney specializing in divorce or abuse cases. The abused party may also go to local law enforcement authorities and press charges against the attacker. Signs of physical mistreatment, such as bruises, cuts, or burns will be photographed during the interview with the police. A signed statement will be taken from the plaintiff and entered as an incident report. Im cases of extensive or life threatening abuse, charges against the batterer will result an arrest, and the abuser will be taken into custody and bond set. The advantage of issuing an immediate request for personal protection is that while the defendant is awaiting a court hearing, he or she cannot come within a certain distance of the plaintiff or make contact. This prohibits any further exacerbation of physical violence or opportunity for future altercations which can result in serious bodily injury or even death.

When minor children are involved, a judge may issue what is a restraining order to keep the abusive parent from interfering in the lives of the victimized parent and their offspring. Victims should contact local law enforcement immediately if a perpetrator attempts to disobey a court order of protection. Many times after altercations, abusers may become remorseful and want to make amends. They may ask for forgiveness or make promises to change; but temporary remorse may not be sufficient grounds for reconciliation. Abusive spouses or significant others should attend anger management and relationship classes or get some sort of psychological evaluation to determine the cause of the tendency to inflict pain on a loved one. After such sessions, couples are more likely to reconcile without repercussions of violence or aggression.

Issuing what is a restraining order which stipulates mandatory counseling for the abuser may produce long term results. Once the abuser completes anger management classes or gets psychological evaluations and no longer exhibits aggressive behavior, couples may experience emotional healing. Although initially reluctant, the batterer usually must agree to counseling or face reprisals, including incarceration or paying a hefty fine for inflicting emotional distress. While altercations between married or cohabitating couples may be the most common reason to obtain a personal protection order; perceived or actual physical violence, stalking or harassment between coworkers, employers and employees, neighbors, or any other two individuals may warrant what is a restraining order. To avoid the possibility of bodily injury or harm, victims should always seek the aid of local law enforcement or an attorney when a serious threat of endangerment arises.

What Is A Temporary Order

What is a temporary order but a legal way to resolve the important issues associated with divorce. Two of the important issues involve custody and financial support of the children. The couple should consider what is best for the children. Most cases are dependent upon who the primary caregiver has been. Divorce is a painful process for the entire family but when couples can agree on important issues then the process becomes less stressful. Fighting over everything will make the process much worse for everyone involved. Other important issues when answering what is a temporary order include financial obligations and dividing up assets. If one spouse leaves that does not mean he or she will no longer be responsible for the house payment. In fact if you leave and your spouse does not have an income you may find yourself paying temporary spousal support and child support. Christians should keep their eyes on Jesus during these troubled situations. "Who shall separate us from the love of Christ? Shall tribulation, or distress, or persecution, or famine, or nakedness, or peril, or sword" (Romans 8:35)?

Be smart about the decisions you make when it comes to splitting up with one's partner. What is a temporary order but a way for two people to recognize responsibilities and make sure they are doing the right thing until the case goes to court. Trying to use excuses for not taking care of obligations will work against you in the long run. One adult may want to keep the house and the other one does not want to. Until the case comes up for finalization the best way to be smart during a break up is to talk things over with the partner and come up with a plan that will work for everyone. Unfortunately, this may be difficult especially if there has been a lot of pain in a marriage but finding a way to communicate and work together is the best way to handle divorce.

When a couple disagrees on issues, the divorce case can become costly and take a long time to complete. What is a temporary order but a way to negotiate to make things less complicated and less costly. No one wants to pay high attorney fees and court costs because they cannot agree on who gets the house or the car. This does not have to be one-sided but instead the agreement should be fair and be considerate of the whole family. Unfortunately couples may try to hurt one another because of resentment and anger. Not agreeing will end up hurting everyone involved. If there are anger issues then consider counseling and using a mediator to help solve the areas where disagreement exists.

When a spouse leaves, the other spouse may want to file for a temporary court order as soon as possible. Going to see an attorney who is familiar with family law should be a first step. What is a temporary order but a motion to the court that gives certain rights to both parties. In some states a petition for divorce has to be filed at the same time that a temporary order is filed. If there has been violence or abuse associated with the case then a comprehensive assessment will be taken where the parties are screened to determine if the abuser can have access to the children or to the spouse. After filing the order the petitioner needs to have evidence gathered such as witnesses, records, photographs, and financial information. The evidence will become part of the case.

When a petitioner files for child support, spousal maintenance, attorney's fees and other financial issues he or she will need to have federal income tax returns for a couple of year. In addition, there will be a need for paycheck stubs, bank account statements, copies of debts, and a list of assets. Health insurance is another important issue especially if children are involved. What is a temporary order but a way to make sure that the kids are taken care throughout the divorce process. This should be the most important thing in the mind of a parent. The court will want to know where all the income has been coming from. Also, the children will need to stay in the same schools during the process so their lives are disrupted as little as possible. If Child Protective Services was ever called because the kids were being abused or neglected these reports should be filed with the case.

Get ready for lots of changes when seeking a divorce. What is a temporary order but a way to begin the process of ending a marriage. You may find yourself in a situation where you do not want a separation but the other spouse does and he or she has moved out of the home. Seek out an attorney to find out the answer to, what is a temporary order. Take notes while you have a consultation. All of the possessions will have to be divided up equally. Debts will be divided up or will depend upon who has the property associated with the debt. One spouse will be able to stay in the residence until the divorce is final. Credit cards will have to be cancelled and the debt paid off. In other words, one's responsibilities do not stop just because the relationship ends. Turn to God, pray continually for strength, and ask Him to give you peace.



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