In most cases, the victim must apply for the order and will go before a judge to testify as to why the restraining order is required. If the applicant provides testimony and evidence convincing the judge that a protection order is justified, he or she will issue an order with specific prohibitions against the party being restrained.
When issued in federal court, the party being restrained may not be entitled to receive any notice of the application. This is due to the fact that some conflicts are especially time-sensitive, and the court may wish to place the safety of the potential victim ahead of the right of the subject to receive notification.
The party applying for the restraining order is required to prove their claims by a preponderance of the evidence. This is a lower standard of proof than the ‘beyond a reasonable doubt’ standard. That is to say, the applicant need only persuade the judge that there is a likelihood that the other party may attempt to cause harm, harass, or abuse the applicant – and that harm may result from further interactions between the parties.
Different types of protection orders can be issued to suit the circumstances of a given case.
A domestic violence restraining order is issued to prevent abuse that is defined as reckless or intentional efforts to cause injury, sexual assault, placing a person in fear of imminent harm, or engaging in behavior such as striking, molesting, stalking, attacking, battering, threatening, destroying property or otherwise disturbing the peace.
An EPO is issued via permission of a judge by a law enforcement officer. These are usually issued at the scene of an indecent.
These are issued to protect persons who have suffered sustained or severe harassment by violence, credible threat, of willful conduct which alarms, annoys, or harasses the protected party.
These orders are issued to prevent harm or abuse that is carried out at the victim’s place of work.
These protective orders are issued to protect a person aged 65 or older from harm or abuse. This type of order can also be granted to victims with certain disabilities.
If you or someone close to you is in need of a criminal or civil restraining order, it is urgent that you have an attorney compile and present your evidence to a judge. If you are in danger of imminent harm, it is important that a restraining orders lawyer take your case immediately. The Law Offices of Ty Carss provides the representation and counsel necessary to process protection order applications, and see the process out from start to finish.
The material on this website constitutes attorney advertising and does not constitute a lawyer-client relationship or legal advice. Professional counsel should be sought before acting upon any information provided. Models portrayed are not clients or attorneys. Historical case outcomes cannot guarantee future case outcomes.
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