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Common Cases That Needs A Restraining Order

Tuesday, Jun 23, 2020, 10:49 am

Imagine fearing for your safety to the extent that you have to seek a court’s restraining order against an abusive ex or an unstable stalker. What might seem to be extreme measures that you barely get to witness in real life are more real and common than you think. While some restraining order cases are for obvious reasons like the ones you see in movies, other cases are more specific and probably unknown to the public. However, it is extremely important to share this kind of knowledge and let it be shared as it can save people’s lives. More often than not, victims of domestic violence and different kinds of oppression are forced to endure the harm that is inflicted upon them because they do not know any better. These people usually feel lonely and submit to the misconception that they have no way out of danger’s way. It is your responsibility to educate yourself about your legal rights in your country. Who knows, this information might come in handy one day either for you or for a friend or a loved one. So, in an attempt to increase awareness about common cases, continue reading for some important information to ease into the heavy topic of restraining orders:

Common Cases That Needs A Restraining Order

There are different types of restraining orders that you have to learn about before we move into more details about specific relevant cases. These include:

  • Temporary Restraining Orders: Petitioners apply for this type of restraining order to be under the protection of the law until the court sets a date for hearing

  • Emergency Restraining Orders: These are used in critical cases where immediate action is needed until a long-term restraining order is issued and put into effect

  • Domestic Violence Restraining Orders: These are exclusive for cases of domestic violence and are only activated after the case finalization

  • Civil Harassment Restraining Orders: These are restraining orders used when the petitioner and the offender are strangers to one another

  • Juvenile Restraining Orders: They are a type of civil harassment restraining orders but only for juveniles

  • Elder Abuse Restraining Orders: As the name implies, these have to do with senior citizens who are being abused by any party

Restraining order types’ names might differ according to each state, however, the above types are considered to be common nationwide.

Now that you know about the different types, let's take a closer look at different cases that need restraining orders. 

Domestic Violence

Domestic violence cases are perhaps the cases that are most commonly associated with restraining orders. Due to the gravity of the situation of domestic violence and potential physical, mental and emotional dangers that might ensue, restraining orders are essential to protect the victims and allow them a chance to live a normal life. As per the law, domestic violence includes physical harm like hitting and pushing, verbal abuse like name-calling, and also emotional and psychological abuse in the form of financial control and belittlement. If you are experiencing domestic violence by an abusive spouse, you have to act immediately, especially if you have kids, you cannot afford to take any chances.

If you live in Orlando, Florida, you can find some useful information on about your legal rights and how should you act to be granted a restraining order that might just save your life. Experienced injunctions lawyers know how to prepare your case and file it in front of the court in order to grant you the protection you need to move on and rebuild your life away from your abusive partner. Try to be as transparent as possible with your attorneys and be accurate with your allegations to help them build a strong case that will urge the court to motion the restraining order as soon as possible. To ensure yours and your children’s safety, restraining orders are entered into a shared computer system to allow law enforcement officers anywhere in the country to access more information about it. 

Sexual Assault

Sexual assault refers to any sexual act that an offender intentionally commits against the victim without her/his consent. This invasion of one’s privacy ranges from touching and groping to rape. If you have been a victim of sexual assault, you know the catastrophic impacts it has on one’s mental and physical health. Sexual assault victims usually suffer from traumatic consequences for a very long time that they need special psychological treatments to help them overcome the violence they experienced and be able to get back to living a healthy life.

A restraining order is crucial for victims of sexual assault to have some kind of assurance that they are out of harm’s way and can focus on healing. A restraining order for sexual assault can be filed whether or not you file a case in court. Your lawyers will try to expedite the process on the grounds of protecting your safety until they collect the needed evidence and build your case to present it in front of the court. If your offender is a stranger that you have never had any relationship with, a civil harassment restraining order will be issued against him/her. However, if you have been sexually assaulted by a spouse, family relative, or an ex-spouse, then this will call for a domestic violence restraining order.

This will force the offender out of your home, prohibits them from getting in contact with you whether directly or indirectly (through phone calls, emails, or texts) wherever you are, otherwise they will be subjected to legal consequences. In some states, where sexual assault restraining orders are categorized into temporary and permanent ones, you will have the choice to ask for an extension of the protection order if you present valid justifications to support your request. Sexual assault cases include sexual abuse of children in which their parents can file for a restraining order on their behalf if they are under the age of 12. Alternatively, they can file for a protection order themselves and the same general rules of sexual harassment restraining orders will apply to ensure the child’s safety. 

Stalking Conduct

Common Cases That Needs A Restraining Order

Stalking conduct is established when your ‘stalker’ continuously and purposefully tracks or monitors your movements causing you to feel threatened or fearful for your safety and well-being. Stalking can be physical like following you and observing your movements, or nonphysical through phone calls and emails. Similar to the sexual assault restraining order, the stalking restraining order can be temporary or permanent with options for renewal. You have the right to file an order on your child’s behalf or for someone who is identified by the law as a ‘vulnerable adult’ like a fragile elder or someone who has a developmental disability.

In such cases, the stalking restraining order will be issued in favor of the victim (your child/vulnerable adult) but not to you. Not only will the restraining order prohibit the stalker from coming near you, your place of work, or that of someone you filed for, the court will also require her/him to pay for any fees that were paid to the court to effect this restraining order. In cases where your stalker does not live in the same state as you, you still have the option to file for a restraining order if your lawyer presents evidence that she/he has a strong connection with your state like a business or family that requires them to visit frequently. Alternatively, you can provide proof that at least one of the stalking incidents took place in your state to urge the court to grant you protection. 

Cases of Violence in the Workplace

Workplace violence restraining orders are acquired by the employer on behalf of the abused employee and can extend to protect her/his family members, colleagues, and all businesses owned by the employer. Workplace violence refers to any form of threat or abuse that you receive because of your job, this includes unlawful acts of angry clients, abusive managers, or other offensive acts by any stakeholders.

If you have faced a similar experience, you need to talk to your attorney to understand what are your options and whether a workplace violence restraining order applies to you, or you need to seek other personal types where you file one yourself. In case of a workplace violence order, your employer has a number of responsibilities to make sure you are safe and secure on their premises. You should be able to confidently voice your concerns and share your fears, discuss different options like going on vacation or reassignment from a current project, and have the freedom to make decisions that you are comfortable with. Your employer then does not have the right to force you to remain in contact with the party that you are filing a restraining order against, otherwise he/she can face serious legal penalties. 

Infringement Cases

This case of restraining order has to do with business activities. If you believe that another party is commercially benefitting from your patented product, you have the right to file for a restraining order to protect your property while the infringement case proceeds, and you have final litigation. In such cases, restraining orders are more of a means to an end, a way to limit your losses and prohibit the infringer from benefiting at your own expense during the usually long period of the infringement case. However, it is important to note that getting a temporary restraining order for infringement can be a lengthy and challenging process, you will have to work with your lawyer to collect the evidence needed to prove that the potential damages are expansive and can incur you substantial loss. If your opponent does not respect the restraining order and continues to manufacture or sell your product in question, you will then have the right to file for a criminal offense lawsuit that might end up in imprisonment. 

Elder Abandonment

If you are 65 years old or above, or perhaps younger, but suffer from a mental or physical disability, you are eligible for the elder abuse restraining order discussed above in your abandonment case. Unfortunately, like many others, you might be suffering from neglect and abandonment or experiencing physical or mental harm by your caregiver. When the ones who are supposed to care for you when you are unable to do it yourself inflict such pain, you have all the right to pursue a restraining order and ask to be removed to a safer place where you can live comfortably and peacefully. 

The process can be confusing and overwhelming, so you need to find a safe way to contact an experienced attorney to take your case and file for the restraining order. Once the court issues the protection order, the restrained person will not be able to come into contact with you whether directly or indirectly. You will also be able to ask for their removal from your home and you will have the chance to look for a replacing caregiver. The restraining order will then be saved in a nationwide system to extend your protection beyond your home state. If you are physically unable to contact a lawyer or seek a restraining order yourself, you can find an interested person to do it on your behalf, it can be anyone interested in your welfare and can vouch that your case requires the court’s intervention. The important thing is for you to act even if you are unsure if your case qualifies for a restraining order, contact a lawyer and explain your condition, she/he will be able to guide you through and get you the justice you deserve. 

Restraining orders are serious legal tools that can be lifesaving to the petitioner. They cannot be taken lightly, so if you are on the receiving end, you have to understand the implications they entail. Most cases take a long time for the court to make final verdicts, restraining orders are a very effective way to protect the victims meanwhile and ensure their safety throughout the process. Take the time to learn more about restraining orders in your country so that you know how to act if/when needed. 


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