How can a restraining order help me move on with my life?
Restraining orders often mean a new direction in life, particularly when it represents a break from an intimate partner. Most commonly it signals a breakup of shared assets and a shared living situation in such cases. Restraining orders are mostly centered on keeping the victim safe, but this process also may accommodate the other messy practicalities of these life changes. Dividing two lives that were once intertwined is stressful and minimizing conflict in this process is essential. For this reason, restraining orders may specify certain important details of life going forward.
Temporary or Final Restraining orders may grant exclusive possession of the home to the party filing the restraining order, regardless of who legally owns the home. Likewise, either form of restraining order may grant custody of children exclusively to the party filing the restraining order. Pets, cars, documents, checkbooks, identification may also be granted. Law enforcement may accompany the complainant to supervise the retrieval of such items from shared spaces.
How are Temporary Restraining orders Different from Permanent Restraining Orders?
Temporary restraining orders typically last ten days before a hearing is set to occur on a final restraining order. Final restraining orders (also called permanent restraining orders) can accommodate more detailed requests. The complainant can specify what the court can do to help and reasonable requests will be accommodated.
Permanent restraining orders may include many additional clauses. It may bar the defendant from retaliation against anyone else named if there is a concern about the safety or well being of those close to the party gaining the restraining order. It may also bar certain retaliatory financial actions, such as altering shared insurance policies in a way that is unfavorable to the complainant or spending significant sums of money in a way that will affect the financial health of both parties. Restraining orders may contain an order to pay emergency expenses, alimony or child support to support the party granted a restraining order if the judge deems there is a duty of support owed. Reasonable losses can be claimed to force the defendant to pay restitution as a result of the abuse. For instance, counseling fees, repair of damaged property, relevant medical bills and relevant travel expenses may all be billed to the abuser. A final restraining order will also prevent the defendant from owning, possessing or purchasing a a firearm or possessing a firearm identification card. Weapons and documentation will be confiscated or demanded to be turned over to law enforcement.
Restraining orders may also stipulate that the party being served undergo domestic violence counseling, a psychiatric evaluation and/or report to court to monitor ongoing compliance with the orders of the permanent restraining order.
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