Love is jealousy at times since jilted lovers cannot stomach the truth that they can no longer be with a certain person, and this often results in them seeking revenge. The aggrieved party can become violent or threaten to disturb the victim’s peace by following them wherever they go.
However, the good news is that there is a law that protects the victims of unjustified behavior. For instance, a restraining order is one of the instruments that can be used to offer protection to individuals living in fear of someone that poses a real threat. Read on to learn all you need to know about restraining orders.
What is a Restraining Order?
A restraining order is a court order that aims to protect the victim from further harm or harassment. Love triangles usually result in violence, continued intimidation, and other undesired actions like stalking. If you feel that your ex-lover is intimidating you, it is vital to apply for a restraining order to keep the abuser away. A restraining order is also called a peace order and helps to keep the person abusing you away from your space that includes an apartment, home, or place of work. However, a restraining order is just a civil order that does not create a criminal record for the abuser.
Who Is Protected By A Restraining Order?
A restraining order aims to protect all victims of domestic violence. If you are subjected to domestic abuse by your spouse, ex-lover, or former member of the family, you deserve protection against continued harassment. Victims of abuse can include people from any age group, and acts of domestic violence include the following:
- Physical and sexual assault
- Criminal trespass, mischief, sexual contact
In most cases, these acts are committed intentionally as a way of punishing the victim or just instilling fear. However, such action badly affects other people’s peace of mind. If you experience any of the above actions, you can seek a restraining order.
How To Apply For A Restraining Order
To apply for a restraining order, you should first file a petition with the court so that you can get a hearing. When you apply for a restriction order, you must prove the existence of abuse or harassment that can warranty its approval. Likewise, it is vital to enlist the services of a professional injunction lawyer so that you can get sound legal representation. The petitioner should furnish the court with substantial evidence to show that the violence occurred. The judges will then use the evidence you present to make a decision. This is when an attorney comes in handy since they know how best to handle such cases.
On the other hand, false injunctions are also common where the petitioner can apply for a peace order to spite the ex-lover. The respondent is advised to seek legal advice from an attorney if they feel that they are being framed for an offense they have not committed. All the same, you should also have strong counter-evidence to support your defense against the order. Injunctions come with serious consequences, so you should clear your name with the help of a professional lawyer. You can file an injunction order where the violence occurred, your place of residence, or where the respondent leaves.
How Does A Restraining Order Work
If the court approves and officially states that you are a victim of domestic violence, a restraining order is granted. The abuser should obey the protective order, and they should know the things they can or cannot do which include the following:
- The abuser should not have any form of contact with you
- The respondent may be asked to pay for costs resulting from the abuse
- The court can ask the abuser to leave the house. The judge also asks the police to escort the abuser so they can remove their belongings from the residency
- The judge can do anything to protect you
- The respondent can be asked to go for counseling
Once the restraining order has been approved, it becomes enforceable. You should always carry the protection order such that if the abuser violates it, you can call the police. Any violation of the order is a crime.
Duration Of The Restraining Order
You first get a Temporary Restraining Order (TRO) under the law, and you will be expected back in the court after a few days. The offender is also served with a copy, so they know when they are due for a final hearing. However, if the petitioner does not show up during the final hearing of the injunction, the case is dropped. Similarly, the respondent does not show up, an injunction order may be granted against them. The court would first want to know if the respondent received notice of the hearing. The other party can also ask for an amendment to the court order.
Challenging A Restraining Order
When a restraining order is issued against you, you should know that you can appeal it. You can also apply to have the order amended, modified, or dismissed. Likewise, appealing a peace order is not that easy since the court will use the evidence available to make a decision. You can appeal against an injunction where you feel any of the following elements exist.
- Ex-lover seeking revenge as a result of jealousy
- A spouse seeking custody of children in a divorce
- The other party wants to solve cheating issues
- Ex-lover wants to embarrass the other party
- The desire to simply interfere with someone’s life
- Mental challenges where some people just hate others
- Seeking control
- The other person wants to teach another individual a lesson
It is vital to consult with a professional lawyer to give you advice about the necessary steps that you can take.
When you feel that you are living in constant fear as a result of victimization by another person, particularly jilted lovers, you can consider applying for a restraining order. This law is designed to protect the victims of abuse or harassment by others. When you successfully apply for a court order barring your tormentor from interfering with you, it means that you can enjoy peace of mind. The order becomes enforceable once it is approved. Even when you move to another state, the restraining order remains valid. However, you should also know that the peace order can be challenged or canceled depending on various circumstances.