What You Need to Know About Domestic Abuse Restraining Orders
The COVID-19 pandemic has been affecting lives all around the world. Many states have issued stay-at-home orders, which has left many victims of domestic violence being forced to stay home with their abuser. Filing a restraining order against your domestic abuser can help you guarantee safety in your own home. Here’s what you need to know about getting a domestic abuse restraining order.
Pride Legal is here to guide you through the steps of getting a restraining order, as well as acquiring an immediate order of protection. Victims of domestic violence often have many options available to receive safety from their abuser. A victim of abuse may be eligible for an order of protection or a restraining order.
Do I qualify for a domestic abuse restraining order?
Filing for a restraining order includes several steps. Pride Legal is here to guide you through all necessary steps, as well as help you get an immediate protection order and file paperwork on your behalf. Understand that your health and safety is our top priority
To qualify for a restraining order, you and the person that is receiving the order must be:
- married or registered domestic partners
- divorced or separated
- dating or used to date
- living together or used to live together
- parents together of a child
- closely related (i.e. brother, sister, cousin)
Acquiring an Order of Protection
Completing a restraining order takes some time. If a person feels they are in imminent danger, or that their children will be, they may contact their local sheriff’s department for an immediate order of protection. Law enforcement has the ability to immediately contact judges to acquire an order of protection. Once issued, the protection order will be in place for 1 week. The judge can either have the abuser leave the home or require that the abuser stay a certain amount of feet from the victim, as well as not to incite any problems or issues. If the instructions of the order are broken by the abuser, they will be held in contempt of court and will face serious consequences. The purpose of an order of protection is to protect the victim, and consequently file a restraining order once the order of protection has been lifted.
Temporary Restraining Orders
Temporary restraining orders last from 20-25 days. Judges may issue these types of restraining orders if they believe you are in harm’s way, and that you need protection before a permanent restraining order can be in place. Once the temporary restraining order has been lifted, you will attend a court hearing in which the judge will decide if they will issue you a permanent restraining order or not. Unlike an order of protection, this type of restraining order cannot be issued by law enforcement and must be done through the court.
Permanent Restraining Orders
Once your temporary restraining order has been lifted, you may proceed in court to acquire a permanent restraining order. A court hearing must be held in order to receive a permanent restraining order, requiring you to speak in front of a judge. Pride Legal’s attorneys are here to represent you in court and understand the legal process. If the judge decides (based on the evidence presented during the court hearing) that a person is indeed in danger, they will issue a permanent restraining order. Domestic violence restraining orders last 5 years, while civil restraining orders last 3 years. Pride Legal will assist you through all the steps of getting a restraining order and make it as easy as possible to receive one. The person you are getting the restraining order from may even be ordered to pay your legal fees.
Don’t Hesitate to Get Help
Pride Legal will assist you in ensuring your safety. The number for the National Domestic Hotline is (800) 799-7233. If you are not able to call, text HOME to 741741.
Contact Pride Legal
If you or a loved one is seeking a domestic abuse restraining order, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.