A restraining order preserves people’s fundamental human right to feel protected, secure, and undamaged. Unfortunately, abuse has become too familiar, with 24,000 individuals in the UK searching for restraining orders on Google each month.
What Exactly is a Restraining Order?
Restraining orders are only issued in the United Kingdom in conjunction with criminal proceedings. So, to get one, you must first denounce the person to the police and then prosecute them.
A restraining order will be issued only if the court thinks the offender will harass the victim in the future. The injunction forbids your abuser from contacting you or visiting you at work or home.
Contrary to common perception, restraining orders and protection orders are not the same things. A person may only be charged with a crime committed against you. This kind of order is legal and prevents harassment, but you must obtain it differently.
When is a Restraining Order Issued?
Restraining orders are always imposed to avoid harassment. Typical reasons for a restraining order include:
- There is proof that the defendant intentionally targeted the victim, such as criminal damage.
- The defendant and the victim know one other or have previously had a romantic connection (such as domestic violence cases).
- Both parties exchange information (for example, where the defendant and victim own a small local company.).
Before a restraining order may be granted, a victim must show that a crime was committed against them.
When is a Restraining Order Not Appropriate?
If no crime has occurred, the criminal courts will not be engaged, and therefore you may issue no restraining order.
Certain circumstances need the use of extra commands. You must get a non-molestation order to prevent yourself from being attacked by your ex-partner during a difficult divorce. They, like restraining orders, are only issued by civil courts.
What Are the Legal Justifications for Seeking a Restraining Order?
The usual criteria for obtaining the order is whether there is proof of harassment or the threat of violence (or future violence) against a victim. You may get a restraining order against someone if they have:
- Mistreated (or threatened to abuse you)
- Sexually abused you
- You were stalked and seriously harassed.
- You were frightened or irritated.
A restraining order may protect the victim regardless of whether the abuser is a close family member or a stranger.
How Can I Get a Restraining Order?
As previously stated, restraining orders are only granted in criminal situations. You cannot, however, build the app yourself. A criminal court judge issues a restraining order.
The court may issue the order even if the perpetrator is found not guilty. If a criminal is found not guilty on all counts, the court may impose a restraining order to protect the victim from harassment.
How Long Will It Take to Get the Order?
Orders are usually delivered within 1–2 weeks. In rare instances when the petitioner is in imminent danger of substantial damage, you may grant the injunction on the same day. A “same-day injunction” is a court order issued on the same day. In this case, you must return to court after serving the order on the abuser.
The following categories are regarded to cause substantial harm:
- Physical adversity
- Sexual exploitation
- Emotional exploitation
- Neglect
What If You Violate a Restraining Order?
The victim should report any breaches of the restraining order by the abuser. Violation of a court order, including a restraining order, is a crime. Disobeying a court order is a crime.
Violations of court orders may result in the following penalties:
- Financial penalties
- Individual freedoms are deteriorating, such as child visitation rights
- Sentenced to incarceration
- A probationary term or a period of prolonged probation
- Volunteering in the community
If an order is violated, the victim must demonstrate it in court. Following that, the court will examine the evidence and decide whether or not there was disobedience, as well as any sanctions.
How Do I Get a Restraining Order Lifted?
To get a restraining order removed, you must go through the judicial system. You must file a request with the court to remove or dismiss a restraining charge before the period expires.
The court will determine whether to approve the request or not. The court will consider whether you were forced or coerced into seeking the repeal of the order. Even though your argument is persuasive, a court may reject your application if it is not in your best interests.
Family Lawyers Perth
Family Lawyers Perth is a well-known family law practice in Australia. They are Perth’s finest family law company since they exclusively practice family law and can meet all of their clients’ requirements.
They constantly use a client-centered approach while dealing with their clients’ problems. They strive to provide quick and effective solutions. The Directors are supported in their goal to offer outstanding family law assistance by an elite team of hand-picked employees.
Divorce, property settlement, child custody, maintenance, and child support may all be handled by Perth Family Lawyers. In Family Court, restraining orders are often used. They provide advice and assistance to our clients in restraining order procedures and all other family law matters. They also offer advice on child safety.
Conclusion
Domestic abuse is a severe issue that may have deadly effects. If you have ever wondered whether or not you need the services of an attorney for a restraining order hearing, this is a strong indication that you should contact a lawyer for a consultation.
