Men & Restraining Orders; Here is the Skinny…
A restraining order or order of protection against a male may be the last resort for someone who is being intimidated or harassed as a result of the acts of another. In other words, domestic violence. A restraining order is often the only recourse for a woman to put a stop to domestic abuse or violence. Restraining orders have the ability to save lives in certain situations.
In other cases, they have the potential to damage lives or to be used as a form of harassment. Every restraining order has two sides, and police enforcement and the justice system are often caught in the between. When properly carried out, one of the most important responsibilities that restraining orders may play is protecting persons from danger.
Here is a summary of everything you need to know about restraining orders:
1. What does it mean to be served with a temporary restraining order (TRO)?
To begin, a restraining order, also known as a protective order, is a court order that is implemented by the police and bans contact between two people. In many cases, it forbids one person from approaching another person within a specified distance, and in certain cases, it may include additional restrictions including the ownership of firearms.
2. Obtaining a Warrant of Arrest or Restraining Order
Several courts detail the processes for obtaining protection orders on their own websites. Find a restraining order petition, fill it out, then file it with the court, either there or at the courthouse. The court will determine whether to issue the order or not. In most circumstances, the court will issue a temporary restraining order and set a future hearing to resolve the problem.
3. How men should react to a temporary restraining order correctly (legal how-to)
A restraining order must be served on someone in order for them to be aware of the order, its provisions, and any future hearings on the matter. In most situations, this entails submitting a written response as well as attending the court hearing, which may involve the presentation of evidence and witnesses.
4. How to Follow the Terms of Your Protection Order in a New State
Nobody seems to settle down in one place these days. So, if you move to another state, does your restraining order follow you there?
Under federal law, all states are required to recognize and implement lawful protection orders issued by other jurisdictions. Is there anything more that needs to be done on your end?
5. Legal Guidelines for Contesting a Restraining Order
Even if a court issues a restraining order, it may be challenged, altered, modified, or even reversed. A restraining order may be challenged in writing or, more often, in court. Depending on the circumstances, there are both successful and inefficient ways to challenge a restraining order.
If you have questions concerning restraining orders, you should contact our experienced legal team as soon as possible. This is true whether you are contemplating seeking a restraining order or trying to contest the legality of an existing one.