WHAT IS A RESTRAINING ORDER?
July 30, 2021
A recent study showed that in the United States on any given day, 1.2 million restraining orders were active. The number of restraining orders in the U.S. continues to increase every year. You may be asking yourself, what exactly is a restraining order? If you are concerned for your safety, it’s important to understand what a restraining order is and how it can protect you.
Restraining orders are often obtained during divorce proceedings, when one spouse is afraid that their partner will try to intimidate them or otherwise bully them during proceedings. Whether you’re going through a difficult divorce or break up, having an attorney you can trust on your side to walk you through the process of filing a restraining order can make all the difference in the world.
The Jeffers Law Office is a family law firm serving individuals and families in Kansas in a variety of different family law matters, including restraining orders. The firm proudly serves clients in Overland Park, Kansas as well as the surrounding areas of Olathe, Lenexa, Shawnee, Leawood, Prairie Village, and throughout Johnson County, Wyandotte County, Miami County, and Leavenworth County. If you’d like to learn more about a restraining order, call or reach out today to schedule a free one-on-one case telephone consultation.
WHAT IS A RESTRAINING ORDER?
Restraining orders are civil orders that prohibit certain actions, such as stalking or being in the same location as a specific person or people. They are typically used in relationships involving domestic violence, but they can also be used if you are in fear of imminent bodily injury, or if the other person has caused bodily injury to your child or has placed the child in fear of imminent bodily injury.
Restraining orders can also be used to protect legal rights during a divorce proceeding. They can be used to prevent the parties from disposing of assets, changing insurance policies, or moving children out of the area while the divorce is pending.
WHO CAN FILE FOR A RESTRAINING ORDER?
Anyone who has cause can file for a restraining order. If you are going through a divorce and are afraid that your spouse will act out in the proceedings, filing a restraining order sooner rather than later can provide protection from your spouse throughout the proceedings. If you are in a domestic abuse situation, you can file one against your abuser as well. Ultimately, if you ever feel that you are in danger in any way, you can go to the courts to file a restraining order against virtually any individual as long as you meet the statutory criteria.
WHAT TYPES OF RESTRAINING
ORDERS ARE AVAILABLE?
There are a few different types of restraining orders available, and which one you file depends on the circumstances of your unique situation. The three most common restraining orders are a Protection From Abuse (PFA) order, a Protection From Stalking (PFS) order, and restraining orders filed in a divorce or paternity case. All can be obtained when there has been violence or threats of violence between people.
You can also obtain a temporary restraining order that has a time limit to it and will generally provide immediate relief when you file. You can also get a permanent order of protection against someone who has continued to harass you or make violent threats towards you over a period of time.
WHAT PROTECTIONS WILL
A RESTRAINING ORDER SET?
Restraining orders can provide a number of different protections that are designed to protect the individual who files for the order. Some of these protections include:
Order the abuser not to abuse, bother, or interfere with the privacy or rights of you or your children.
Order the abuser to leave your shared home and give you possession of the home (unless you are not the owner of the home).
Order the abuser to not cancel any utility service to the home for 60 days.
Order the police to remove the abuser from the home and help you return to the home.
Order child support and, if you are married, spousal support.
Establish temporary custody and visitation rights of your children.
Require the abuser to seek batterers’ counseling.
Order the abuser to do anything else the judge decides is necessary to protect you and your children.
GET SUPPORT FROM AN
EXPERIENCED FAMILY LAW ATTORNEY
At the end of the day, everyone deserves the opportunity to feel safe. Working with an experienced family law attorney can help ensure that you and your family are protected from any individuals who make you feel threatened for your safety. The Jeffers Law Firm is committed to serving individuals and families with compassion and understanding, as well as making sure that you and your family are safe.
If you are considering a restraining order and you live in Overland Park, Kansas, or the surrounding areas of Olathe, Lenexa, Shawnee, Leawood, Prairie Village, or anywhere else throughout Johnson County, Wyandotte County, Miami County, or Leavenworth County — contact the Jeffers Law Firm today to schedule a simple case evaluation to discuss your options.