Unfortunately, your family law case can quickly become one of the most stressful and emotional times in your life. With emotions running high, people do things that cause others to feel unsafe. If you feel threatened, you may need to request a restraining order. Discover the answers to frequently asked questions about restraining orders:
What constitutes as family violence?
Family violence encompasses any type of abuse including mental, physical, emotional, and sexual. If a family member makes you feel unsafe by the actions he or she takes, you should consider requesting a restraining order to increase your safety. Consider the following actions that constitute as family violence:
- Criminal Damage to Property
- Criminal Trespass
- Unlawful Restraint
Are there different types of restraining orders?
Yes, there are two different types of restraining orders: an ex parte and a family violence protective order. The ex parte order is a temporary restraining order that serves the abused party while a hearing is scheduled. Many ex parte orders are granted if the judge agrees that there is immediate danger.
A family violence protective order is a more permanent restraining order that lasts from one to three years. This is granted by a judge after a hearing. If you’re suffering from any type of abuse, don’t wait for a hearing. Call the proper authorities immediately for help.
What is the benefit of a restraining order?
The biggest benefit of a restraining order, although often overlooked, is legal orders. Upon the issuance of a restraining order, the abuser must follow the orders unless he or she wants to have legal consequences. Depending on the judge and the surrounding circumstances, other benefits of a restraining order may include:
- A legal order to find alternate housing
- A legal order to leave the victim alone
- An arrest if the abuser breaks the order
- Child or spousal support to the victim
- Counseling and/or therapy for both the victim and the abuser
The GEM family law attorneys are adept and skilled with handling situations such as family violence actions and restraining orders. If you are of our existing clientele, we can help you through this difficult time.