When a person or child has been a victim of domestic violence, threats, intimidation from a parent or spouse a restraining order is the best solution. A restraining order will protect you from further harm, harassment and abuse from the perpetrator by ordering the perpetrator to stay a certain distance away from the victim. Courts will usually grant a temporary restraining order without much evidence and based on a declaration alone since a temporary restraining order lasts only 21 days. At a hearing on a temporary restraining order courts will usually set a hearing date for permanent restraining orders which can last up to 5 years. This requires more evidence as a permanent restraining order is lengthier in time.
In order for a permanent restraining order to be issued there needs to be a showing of preponderance of the evidence that there is a serious threat of physical harm or harassment. Everyone is entitled to enjoy peace and state of mind in their lives so harassment is also a basis for a restraining order.
Restraining orders are order that get filed with the police department so if they are called out for a domestic violence dispute or if the party who is restrained from going near the petitioner there is protection.
If you defending a restraining order it is important to have experienced counsel on your side as a restraining order goes on the parties criminal background and would carry severe consequences with employment and other matters. An evidentiary hearing would need to be held to interview any witnesses that could testify as to the facts that are alleged in the restraining order. The Atighechi Law Group has handled restraining order matters and can aggressively defend or file one on your behalf.