how do restraing orders work?

Question

can one be placed on someone, if he or she never posed any threat, but just because of personal reasons, or they think that the person is some type of threat. so do you have to go through alot to get one?

Answer 1

The person seeking the order asks the court (via a petition) to issue a temporary order. They must show probable cause, but there is often no requirement that the other person (the one being restrained) attend the hearing. Most courts have a standard form when asking for a temporary order, and the proceedings are usually fairly simple.

The temporary order lasts anywhere from a few days to a couple weeks, long enough to serve the other party with formal notice and give them time to appear and challenge the order. The standard of proof is higher for the long-term order, and the judge will hear testimony and accept evidence from both sides.

If the person asking for the protective order makes a sufficient case, the judge will impose reasonable restrictions based on the nature of the threat.

Answer 2

I had one placed on a person that was a great danger to my daughter as she was under 18 then it is done under my name but on her behalf.

We had the same day a temporary one after making our case to some one at the courts, with a court date given for 3 weeks from that date..................the other person was also invited to attend and state his case but choose not to, although did make 100's of calls and attempts to contact both us and her during this time.

At the court case they basically read my statement / as well as a written one from her and the restraining order was put into effect with us being given the FULL one before we left the court house that day.............at the close of business another copy is given to the local police force and they go to his house and serve it in person.

Ours state that it is for life................it also states no email, text, phone calls, not within 100 foot of our house her school or ANY place of work that she might go onto have in the future, and the email calls etc also is in force for any of his friends or family trying to get in contact with her on his behalf.

The judge saw that from our / her view point he was indeed a grave risk............

Regards