doesn't it cost to put one of these things out on a person? can anyone just do this if wanted? ive been seeing this happen to good people who should be the one's who need to put the ordere on not against. why doesnt the "Law" look into thes acts before just filing? i know of at least 3 people being harrassed this way.
2007-09-25 12:14:04 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
sorry about the spelling.
2007-09-25 12:15:06 · update #1
You should take a restraining order or protection order VERY seriously. A person violating the order will likely end up in jail.
There is no cost to get a protection order.
To get an order, a person must explain to the judge they feel threatened by the restrained person. In some states a temporary order is issued pending a show cause hearing where the restrained person has a chance to contest the order.
A protection order is considered non-punitive, that is, it is not a punishment. You are not guilty of anything.
It is not considered harassment to get a protection order against someone.
If you believe the people that have had orders against them should also have protection, nothing prevents them for also asking for a protection order.
2007-09-25 12:23:23 · answer #1 · answered by davidmi711 7 · 1⤊ 0⤋
In order to get a Order of protection or a restaining order you must provide evidence to a judge that there is need for one.
the judge must see that without one you would be in danger or threatened.
Otherwise he will not grant one. If you are a woman you can go through an advocacy group that will help you get one.
They are very serious becuase it gives the police the right to arrest the person who has the order just for being there they dont have to wait for him/her to do something else wrong. They can arrest them for violation of the order. So lets say he/she shows up but doesnt hit you or anything and says I just want to talk with the order they will be arrested for just being there without they have broken no laws.
It elliminates the calls us when a crime has happened approach.
It is a part of the law that can prevent crimes from happening where as most laws are effected after a crime has been commited.
One of the problems I have seen with them is battered women often times take the guy back in while the guy is under the R/O then if they get mad they call the police the court really frowns on this and it will affect you getting your order continued
2007-09-25 19:20:46 · answer #2 · answered by Geoff C 6 · 0⤊ 0⤋
Anyone can apply for one -- but they must still prove to the court that it is necessary.
The TRO (temporary restraining order) is a court order -- and violating it is both contempt of court and (in most places) a separate crime that carries its own punishment.
And the law (the court) does look into it. To file an initial TRO, the person asking for it must go before teh court and prove some facts, namely that the order is necessary.
And to get the order extended more than just a few days -- until the hearing on the issue -- both sides need to be heard, and both sides can present facts. The court then decides whether to drop or continue the order.
2007-09-25 19:20:15 · answer #3 · answered by coragryph 7 · 1⤊ 1⤋
Restraining orders have become so common that they are losing their meaning. Where I live a lot of really good people with wonderful reputations are having restraining orders put out against them, for simple things blown out of proportion by some stupid jerk. Why humiliate some of the best people in our society? It seems to be the times we are living in!
2007-09-25 20:07:01 · answer #4 · answered by Brigid O' Somebody 7 · 0⤊ 0⤋
some restraining orders are serious business, they are taken out in order to stop abuse from, for ex. spouse to spouse from continuing till the death of the weaker party. I don't think it usually cost anything to take out a restraining order, ive had to take one,except maybe in self respect, to admit that you were abused.
2007-09-25 19:22:21 · answer #5 · answered by anthony b 3 · 0⤊ 0⤋