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Restraining Order
I need a restraining order for a client who has experienced harassment over the past 6 months, requiring the respondent to maintain a distance of 500 feet and cease all communication immediately.
What is a Restraining Order?
A Restraining Order is a court-issued legal command that requires someone to stop specific actions or keep their distance from another person. These orders protect people from harassment, abuse, stalking, or threats by setting clear rules about what the restricted person can and cannot do.
Courts can issue different types of restraining orders - from emergency orders that take effect immediately to longer-term orders that last for years. Breaking these orders is a criminal offense in all U.S. states, often leading to immediate arrest. Police departments actively enforce them, and victims can call 911 if the order is violated.
When should you use a Restraining Order?
Consider seeking a Restraining Order when someone's behavior makes you feel unsafe or threatens your wellbeing. Common situations include protection from domestic violence, stalking, repeated harassment at work or home, or threats of physical harm. Getting an order quickly is especially important if your safety is at immediate risk.
Many courts offer emergency Restraining Orders that take effect right away when there's clear danger. These work well for domestic disputes, workplace harassment, or situations where someone won't stop contacting you despite clear requests to cease. Local law enforcement and victim advocacy groups can help guide you through the process.
What are the different types of Restraining Order?
- Emergency Orders: Provide immediate protection, typically last 14-21 days, and can be issued quickly without the other person present in court
- Temporary Orders: Last several months, require a court hearing where both parties can present their case
- Permanent Orders: Can last for years or indefinitely, issued after a full court hearing with evidence from both sides
- Civil Harassment Orders: Protect against harassment from non-family members, neighbors, or coworkers
- Domestic Violence Orders: Specifically designed for protection from family members or intimate partners
Who should typically use a Restraining Order?
- Protected Persons: Individuals seeking safety from harassment, abuse, or threats who file for Restraining Orders through the courts
- Restricted Parties: People ordered to maintain distance or cease contact with protected persons, facing criminal penalties for violations
- Courts: Judges and court officials who review evidence, issue orders, and set specific terms and conditions
- Law Enforcement: Police officers who enforce Restraining Orders and respond to violation reports
- Legal Advocates: Attorneys and victim support organizations who help draft petitions and guide clients through the process
How do you write a Restraining Order?
- Documentation: Gather detailed records of incidents, including dates, times, locations, and any witnesses
- Evidence Collection: Save threatening messages, photos, videos, medical records, or police reports that show the need for protection
- Personal Details: List complete information about the person you need protection from, including physical description and known locations
- Safety Plan: Create a list of places and situations where contact might occur to include in the order's restrictions
- Court Forms: Complete required local court paperwork, including petition forms and affidavits explaining why protection is needed
What should be included in a Restraining Order?
- Identification Details: Full legal names and addresses of both protected and restricted parties, plus physical descriptions
- Prohibited Actions: Clear, specific list of banned behaviors like contact, proximity, or communication methods
- Geographic Limits: Exact distances and locations where the restricted party must stay away
- Duration Terms: Specific start and end dates of the order's effectiveness
- Legal Warnings: Statement of consequences for violations, including criminal penalties
- Court Information: Issuing court's name, case number, judge's signature, and official seal
What's the difference between a Restraining Order and a Cease and Desist Order?
Restraining Orders and Cease and Desist Orders are both legal tools for stopping unwanted behavior, but they serve different purposes and carry different levels of enforcement power. Let's explore their key differences:
- Legal Authority: Restraining Orders are court-issued commands with immediate police enforcement power, while Cease and Desist Orders often start as formal warnings without automatic criminal penalties
- Scope of Protection: Restraining Orders typically focus on personal safety and physical distance, while Cease and Desist Orders usually address intellectual property, business practices, or harassment without physical proximity restrictions
- Implementation Process: Restraining Orders require court filing and judicial approval, while Cease and Desist Orders can be sent directly from one party to another, often through legal representation
- Consequences: Violating a Restraining Order is a criminal offense leading to arrest, whereas violating a Cease and Desist Order typically requires additional legal action to enforce
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