If you find yourself faced with a harasser, stalker, or abuser, it’s crucial to keep the lives of you and your loved ones out of danger. While it can be easy to feel as if there’s no escape, restraining orders can help place a legal barrier between you and the person you’re looking to avoid. Understanding the different types of restraining orders, and when they can be most effective, can help make your safety and mental wellbeing a number one priority.
1. Civil Harassment
This is one of the most common types of restraining orders in the United States. Unlike other orders, a civil harassment order does not require that you know the other person personally. Typically, this type of order is often issued when dealing with stalkers.
Keep in mind, stalking isn’t limited to the physical world. In today’s day and age, stalking via the internet – mainly social media – has unfortunately become more and more common. In extreme cases, a civil harassment restraining order may be necessary.
2. Domestic Violence
Unlike a civil harassment restraining order, a domestic violence order does require one to know the person they are seeking to avoid. These orders usually follow a domestic violence incident. Courts typically require the person to be a husband or wife, an ex-partner, child, sibling, parent, grandparent, or in-law.
While these orders usually follow criminal cases, it is not required. Additionally, in extreme cases, a judge may rule against the will of the abused if the judge feels their life is in jeopardy. More often than not, however, the judge will rule in favor of the victim, adhering to their wishes.
3. Adult Abuse
This type of restraining order is reserved for those who are over the age of 65, or between the ages of 16 and 84 without the capabilities to take care of themselves. This can be due to a mental or physical disability. If one meets this criterion, and they are the victim of physical or financial abuse, neglect, or harmful treatment, this order may be deemed necessary.
4. Workplace Violence
This is a rare type of restraining order, but it does serve an important purpose. One who should seek this type of restraining order has been the victim of stalking, harassment, violence, or threat of violence in the workplace. This type of order is ONLY for employers who are seeking to help their employees. An employee can not get this type of restraining order for themselves.
5. Other Types of Orders
Certain restraining orders may come with other orders inside of them. Here are some of the orders that may be included in restraining orders:
- Stay-Away Orders: These orders prevent the accused from getting too close to a person or a place.
- Personal Conduct Orders: This order typically prevents the accused of contacting, threatening, or harassing the accuser.
- Residence Exclusion Orders: These orders are typically included in domestic violence and adult abuse restraining orders. With these orders, the accused must leave where the protected person lives.
Call Burrows Law Group
If you are in need of help, our team here at Burrows Law Group will be your advocate. We’re dedicated to guiding you through this difficult time, and will find the right solution to let your voice be heard.