Restraining Orders

A restraining order is one in which the court rules that a certain person is not allowed to do something. For example, if a spouse feels threatened by the other's spouse's presence on or in their property, he or she may request a restraining order. Other causes of restraining orders include, but are not limited to, a spouse from making major financial or asset changes. If a parent is dangerous or abusive in any way, the other parent may request a restraining order. In an abusive situation, the offender may be put under restraining orders and may not be allowed within a given proximity of the person raising the complaint.

It is not required that the person who orders a restraining order is married to the offending party. Restraining orders differs from a protective order in that a person under restraint who does not adhere to the restraint will not be imprisoned. If a person who does not adhere to restraining orders is caught, he or she will be brought to court. Generally, a restraining order is not an unending arrangement. The judge decides the point at which the order may be lifted.

The judge may conclude that a certain restraining order should be made permanent, depending on the severity of the case and the danger involved in the situation. Other times, a restraining order may be placed on more than one person involved in the situation if they are both engaging in mutually harmful behavior. Lawyers are not required in order to place a restraining order, but they may be beneficial. In situations that call for a restraining order, the person placing the order may have specific questions or ideas which can be clarified with the help of a lawyer.

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