Part 4: Protect Yourself- Get A Restraining Order

Who issues a restraining order?

Answer
: It is a common misconception that police officers can put in place restraining orders, in reality, that’s the court’s jurisdiction. If a victim would like a restraining order against their abuser, the victim must to go to a court to get the order. Unfortunately, the police cannot assist you with this process.  It is usually family court that has control over restraining orders.

Another option for the victim is to go through with the trial where the victim might be granted a restraining order. Unfortunately, some trials can take up to six to eight months. Certain conditions will be imposed on a person such as not to contact or attend any place your partner is known to be. Police only get involved if:

a. a person has restraining order against them and

b. they are breaching conditions mentioned in the restraining order and can face criminal charges

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4 comments

  1. File an emergency protective order with the court clerk (usually a week). The judge will see you the same day without the defendant present. A trail will then be held for a permanent protective order after the emergency protective order expires ( permanent lasts usually 1-2 years, depending on the state).

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  2. How would the situation play out if a restraining order is breached, however the victim does not call for aid? If this information reaches the police through a third party, do they have the right to take action, and if yes, would this be dependent on certain circumstances?

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