By: Koleilat Law
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Legal Reasons for Restraining Orders
We have all heard of a restraining order, and have at least a basic understanding of how they work. Like all legal processes, though, there is a complexity beneath the basic appeal of it. In order to get a restraining order for instance, you must have an applicable reason, and a restraining order will only be valid for so long until it either expires, or a court determines that it should stay in place. It also depends on the situation about what form of restraining order you will get, and for how long. Some may only last while a divorce proceeding is going on, others may be a permanent arrangement. When trying to obtain a restraining order, having an family law attorney can help with the process.
Before we get into the legal reasons to request a restraining order, we will get into exactly what a restraining order is.
Restraining Order: Noun: A temporary court order issued to prohibit an individual from carrying out a particular action, especially approaching or contracting a specified person. (Oxford University)
Many states will have their own forms of laws pertaining to restraining orders, but are all have similar basic structure to what they encompass. They also have the same purpose, to protect someone who has been harmed, or feels threatened by another. If you feel you fall under one of the following situations, Lauren Koleilat of Koleilat & Miller can help you get a permanent restraining order.
Physical Abuse: If you can supply evidence that you, or your children have been harmed or threatened with harm by another, you can file for a restraining order against the person in question. A basic restraining order will require the person it has been filed against to stay a certain distance from the one who filed it, as well as resist contacting them in any form. Some restraining orders can also prohibit the person it is filed against from approaching the filers place of employment, or from owning a firearm.
Psychological Abuse: If your spouse is constantly degrading, humiliating, or otherwise mentally stressing you, a restraining order can be placed against them. Forms of psychological abuse can involve the before mentioned degrading of a person, along with causing a person to live in fear of something, turning family members against them, or attempting to control your actions. A restraining order will prohibit contact between the one who files for it and the one it is against.
Depletion of Assets: In cases of divorce, if a spouse is doing something to sabotage or conceal assets, to prevent them from going to the spouse, a restraining order can be placed to prevent this from happening. A restraining order can also be placed against a bank or other third party that is in possession of assets to prevent them from being used.
Patent and Trademark Infringement: While not related to divorce in most cases, if you are in the middle of a copyright lawsuit, you can place a restraining order against the one accused of selling your product or using your logo, so that they must discontinue all activities involving them until the lawsuit has been settled. If you own a company together, part of the divorce proceedings and division of assets would include the business, along with use of it’s name and logo. If your spouse surrenders the right to use any of the businesses assets once the divorce is complete, yet continues to do so, this restraining order can be used against them.
Legally speaking, a restraining order works in one direction. If you file a restraining order against someone, they are not allowed to contact you, or be within a certain distance of you. You on the other hand, can freely contact them without violating the restraining order. While you can legally contact them, it is highly advised not to unless absolutely necessary. Restraining orders are put in place for a reason, and contacting the person you have filed one against may throw suspicion on your motives. Enough contact and the one you filed a restraining order against can go to court to get the restraining order terminated.
If you are on the other end of the restraining order, having one filed against you, then make sure you understand what all the restraining order. Know the distance that the restraining order requires you to stay from the plaintiff and even if it is not stated, stay away from places the plaintiff can be frequently found at, including their home, place of employment, and favorite locations such as preferred restaurant they regularly dine at. If the restraining order has not been made permanent, and you don’t want it to become so, avoid any illegal or abusive behavior, adhere to the terms of the restraining order, and if the plaintiff contacts you, keep detailed records and recording of everything said. Like we spoke about earlier, if a plaintiff files a restraining order against you, yet continues to contact you, you may be able to go to court to have the restraining order removed.
Dealing with divorce is a heartbreaking ordeal, and it shouldn’t be complicated by living in fear of your former spouse. Get protection and breathe a little easier by filing a restraining order if you fall into any of the above categories. If you feel you have had a restraining order placed against you without proper use, our attorneys can review your claims and see if you have a legitimate case. Regardless of what end you are on, our own Lauren Koleilat, the experienced family law attorney of Koleilat & Miller can help you every step of the way.