Courts issue different types of orders including restraining orders, no contact orders and residence exclusion orders. It is important to compare and contrast the different types of restraining orders to understand how they all work.
Judges issue restraining orders, also known as protection orders, to protect victims of abuse against further abuse. This order dictates to abusers not to contact their victims. Most restraining orders are tailored to domestic disturbance cases. In addition to protecting victims from further abuse, restraining orders may also provide judgments on social support, child custody and mandated counseling. Some of the people who can obtain restraining orders include victims of stalkers, workplace harassment, child or elder abuse and domestic or workplace violence.
This order is often implemented in divorce and separation proceedings. It dictates the kind of contact that one party is allowed to have with the other party or any children involved. A no-contact order issued in the course of a non-family related court case is known as an injunction. An injunction dictates that a party should not be in contact with another party or certain individuals.
No-contact orders prohibit an individual from making any form of contact with another person. In addition, this order usually specifies the distance the restrained party must keep from the other. The distance is usually stated in feet or yards. A no-contact order only restricts contact between two or more non-detained parties.
A no-contact order is issued when a party fears for his safety and that of certain people around him.
This is one of the most routine legal procedures in family law. The process of obtaining a residence exclusion order varies from state to state. For residence exclusion order to be issued there must be adequate evidence that a party has assaulted or threatened to assault another party or any other party under the care or custody of the other party. The other party must also prove that physical and emotional abuse would otherwise occur.
Obtaining a restraining order, no-contact order or residence exclusion order is not difficult. It involves going to a courthouse where the abuser lives or where the violence occurred and filing required documents with the court clerk. The court clerk will then file your documents with a judge who will arrange a hearing date for both parties to testify. Violation of restraining orders, no contact orders or residence exclusion orders attract serious penalties such as fines or jail terms. The penalties vary by state.
To compare and contrast the different types of orders, you should speak to a family law attorney. If you think somebody has violated a court order or you have been accused of violating a court order call Family Law Attorney Ann Thomson (Seal Beach family law attorney) at 562-431-4333 or email her today.