In part one of this article, we reviewed three common reasons why a restraining order is issued. The second part entails 2 more reasons and gives advice on restraining orders.
4. Involuntary Restraining Order: Sometimes, however a restraining order will ensue even if neither party has requested one and begins as a protective order (an emergency form of a restraining order issued by the police). This occurs when there are kids in the situation and an abusive event takes place when the minors are present. It is assumed that parents who perpetuate domestic violence are placing their children in danger and typically the perpetrator will find him or herself on supervised visitation if they have assaulted the other parent in the presence of children. On the other hand, the state (or Department of Health and Human Services/Child Protective Services) will require the parent victim to request a protective order.
In the event the parent victim fails to file a restraining order, the assumption is made that the parent is putting their kids in danger by not protecting them from the abuser. The restraining order, while just a piece of paper, is meant to protect both parent and child(ren) from future abuse until the perpetrator has participated in parenting classes, anger management and/or drug and substance abuse counseling, for example, or whatever might be ordered by the court. This type of TRO may arise in an otherwise intact family that is not contemplating divorce at all.
5. Unmarried Couples: A restraining order may also be filed amongst un-married couples if the legal requirements are met.
The consequences and penalties of a restraining are beyond brutal. All restraining orders are filed into a centralized tracking system that alerts law enforcement. Therefore, if an individual is pulled over for a simple traffic violation, their TRO is visible for law enforcement to see. Furthermore, the individual may be restricted from going to the places they used to frequent if the protected party is there.
This situation is compounded by the existence of children, custody orders and how to navigate around the orders when there is regular contact with an ex-spouse without violating those orders.
Regardless of the reason a temporary restraining order was initiated, only three pieces of advice can be offered:
(1) If you are the victim of domestic violence, do everything you can to protect yourself and your children because there is no excuse for this type of treatment.
(2) If you harbor anger issues, be careful of your aggression and temper and enroll in one of the several programs made available to women and men that assists with managing hostility.
But on the flip side, (3) Understand that a false application for a restraining order based upon false information is considered perjury, which may constitute a felony in most states.
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