What You Should Know About Temporary Restraining Orders When You Are in an Abusive Marriage
If you are in a marriage with an abusive spouse, you have the right to protect yourself from potential harm. Your legal remedy is to obtain a temporary restraining order from a court of law, and the abuser will then be compelled, under the threat of arrest, to stay away from you. If you aren't sure what a temporary restraining order entails, the following information can help.
What is a temporary restraining order?
A temporary restraining order is a subset of the broader category of court injunctions. As the name suggests, a temporary restraining order is effective for a limited period of time, and it is designed to protect a person from imminent abuse. There are other types of restraining orders that you might wish to consider pursuing; for example, emergency protective orders may be available in your area and are typically issued by a local police department or sheriff's office. These orders are for a very limited period of time, such as a week or less, but they can be obtained immediately if the police believe the filer is facing dangerous, life-threatening circumstances.
Temporary restraining orders vary greatly in scope, depending on the circumstances, but they generally require the defendant, the person who is the subject of the restraining order, to stay a certain distance away from the filer. They may also prohibit any verbal contact with the filer and can even forbid contact with other family members and friends of the filer.
What is the first step in seeking a temporary restraining order?
If you would like to receive a temporary restraining order against a domestic abuser, then you will be required to file a request at your court of jurisdiction. If you aren't sure where to go, contact your police department or county clerk for help. In most cases, filing is free, and you can expect to receive a response within 24 to 48 hours of the filing.
How long does a temporary restraining order remain in effect?
The period of time that a temporary restraining order remains valid varies depends upon local procedures, state laws, and the court's assessment of the threat. In most cases, temporary restraining orders are valid for no longer than a month.
What happens if the temporary restraining order is violated?
If the abuser makes contact with you or enters your personal space, you should immediately contact the police to file a report. Law-enforcement officers may warn or arrest the abuser for contempt of court.
Can a temporary restraining order be made permanent?
Temporary restraining orders may be converted to long-term orders of protection if the court decides one is merited. Before doing so, the court will conduct a hearing with both you and the abuser; this will provide an opportunity for both sides to present their cases to the court.
Should legal assistance be sought when you are filing a temporary restraining order?
Though this isn't required, it is helpful to obtain the counsel of an attorney such as one from the Law Office of Jared T. Amos whenever you decide to file for a temporary restraining order. An attorney can provide you with much-needed guidance and emotional support and help plan a course of action to permanently end the abuse.