Moving Out of State With a Child Custody Agreement

3 Instances Where Restraining Orders Are Used

by Layla Bryant

Restraining orders are often used to protect an individual who might be in danger of harm to their person or their property. There are a number of different instances where one of these orders is often used. To help you better understand some of them, three are outlined below.

Domestic violence cases.

While domestic violence cases often involve family members, there is a chance it could involve a neighbor or friend as well. If you get into a fight with someone that escalates to the point where it turns violent and you get hurt, you have the right to pursue an order of protection. This is especially important if you think that the individual is going to come after you again down the road. You need to make sure you are safe.

A restraining order prevents the other individual from coming within so many feet of your person and prevents them from entering your home again. Orders typically have an expiration date, so you will want to make sure you stay on top of this to prevent it from expiring on you. If the individual violates the order, they could be held in contempt of court and jailed potentially. 

Sexual assault on a minor.

If a child was the victim of sexual assault, a restraining order can be put in place to keep the perpetrator away from the victim. This is done whether the individual was a friend, acquaintance or even a parent. No child should ever have to go through something like this. Because of that, the law will make sure that they are taken care of and get the protection and treatment they need to recover from the sexual assault and go on to live a safe and happy life.

Divorce cases to prevent selling of assets.

In some situations, restraining orders are put in place to prevent one party from coming into the marital home and selling off a bunch of the assets to pocket the money for themselves. This is often done when one party is worried about losing out on valuable possessions and not getting their fair share of the estate. Orders are typically put in place until the case is over and the assets have been divided by the judge.

Restraining orders should not be taken lightly and should be abided by until there is a resolution to the case or the date of the order is over. For more information, talk to a law firm like Nelson, McPherson Summers & Santos LC.