In preparation for a post that Christi will put out later, I thought it might be beneficial to discuss what a restraining order is and what it isn't.
Simply put, a restraining order is a court order that either prohibits someone from doing something or requires someone to follow specific rules. If the person violates the conditions of the order, they may be subject to criminal or civil penalties, in other words, they may be required to pay fines or they face arrest and have to serve time in jail. Restraining orders have been made famous in the context of domestic abuse, harassment or stalking cases. In fancy legal-speak, a restraining order is a form of an "injunction". Injunctions are court orders to do or not do specific things (see the similarity?) and you'll often see such orders in situations of patent or copyright infringement or the disclosing of trade secrets. The whole point of injunctions is to "put things back the way they were".
One kind of restraining order is a Temporary Restraining Order. These TROs typically last for less than a month and are designed to "keep things as they are" until a court "hearing" or meeting can be held and a stronger order can be issued. Sometimes these are issued ex parte (pronounced like "ex party", meaning "from or by one party"; gotta love those dead Latin dudes). You might want to have a restraining order done up ex parte so the person you're trying to "restrain" doesn't know you're going to try to restrain them. That probably makes a lot of sense.
Most states, including California, have other kinds of special restraining orders, such as domestic abuse/violence restraining orders. Such orders will prohibit an abusive person from coming in contact or communicating with you or your children no matter where you all are. Other kinds of orders include emergency protective orders or permanent restraining orders.
There is some debate as to whether restraining orders are over-used or abused in the United States. David Letterman famously fought a restraining order issued against him 2005 which a woman had issued against him, charging him with, "mental cruelty and blaming him for her bankruptcy and sleep deprivation. [She] charged that Letterman — along with purported accomplices Kelsey Grammer, Kathy Lee Gifford, and Regis Philbin — had alternately wooed and rejected her with coded messages that he sent through the TV."
Additionally, even if you have a restraining order, if the person you have it against violates it, you'll still have to call authorities to ensure it is enforced, raising serious questions as to whether they are effective. Lawyers.com recommends the following for enforcing a restraining order:
If a restraining order is granted, you should make numerous copies and keep one with you at all times. Also leave a copy of the order at work and your children's school or daycare. An abuser or harasser breaks the law when they don't follow the restraining order's terms, and the police should be called immediately.
Finally, in some cases, having a restraining order placed on a mentally unstable person may lead to greater violence. A quick Google search for "restraining order shooting" demonstrates just how common such incidents may be.
Additional Resources:
No comments:
Post a Comment