Top 5 Reasons to File a Restraining Order

A restraining order is an order issued by a court to protect a person or persons from physical and emotional harm due to threat, abuse, harassment or stalking by another person or persons. Anyone who obtains a restraining order enjoys the protection of the law. However, the order is not something that can be issued at any time to anyone. There are specific reasons to file a restraining order that a victim of a crime must have in order to successfully obtain protection from the court. These are:

Domestic Violence

Anyone who has become a victim of domestic violence may file for a protection order against their attacker. These include men or women who have been threatened, hit, sexually and emotionally abused or humiliated. The offending party may include spouses (former or current), boyfriends/girlfriends, parents, roommates, or family members. It does not matter whether or not the abuse occurred once or has occurred repeatedly in the past, provided the victim could provide evidence or witnesses regarding the incident/s.

Crime

Any victim of a crime may file for a protection order against their attacker, prohibiting him or her to get in touch with or come near the victim. Crimes such as assault, battery, rape, kidnapping and other violent crimes that cause physical and emotional pain, distress and fear are often justifiable reasons for a court-sanctioned protection order. Aside from the victim, family members, partners, friends or their representative may file for the restraining order on their behalf.

Stalking

Stalking is unwanted behavior that makes the object of attention uncomfortable, uneasy and afraid. In order for an act to be considered stalking, it must:

• Be repeated, consisting of threatening or harassing behavior
• The contact is unwanted by the victim
• Make the victim feel reasonably threatened, alarmed, or fearful for his or her safety or the safety of his or her household

A stalker usually follows his or her victim frequently and without permission, waits at the person’s home, place of work or school, creates a disturbance or even commits a crime against the victim or the household. Stalking may or may not result in physical contact with the victim but it is an obsessive form of behavior that might escalate and even become violent.

Verbal Threats

Some verbal threats are serious enough to provide justifiable grounds for a restraining order. If a person has reason enough to believe that his or her life and security will be in danger should the second party make good with the threat, he or she should ask the court for protection. Verbal threats may be spoken, delivered in person or through a phone, video or phone messages. Written messages may also consist of verbal threats and may be used as evidence.

Children Are Involved

When children are the target of harassment, threats, abuse or stalking, that is enough reason to file for a restraining order. Children cannot protect themselves and will require the help of an adult in situations where their life and safety may be at risk. In the absence of an adult, children as young as 12 years old may request the court for a restraining order.

Skimping out on the kind of family lawyers you hire is not something you want to do. Divorce law is an immense system of rules and complications – so let the professionals handle it.