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Restraining orders prevent contact between people in unstable situations, such as domestic or elder abuse, workplace harassment, and stalking. There are different types and durations of restraining orders, including emergency, temporary, and permanent. Domestic, civil, and elder abuse orders exist. Victims should contact law enforcement immediately.
Restraining orders help prevent contact between two people in an unstable situation. Domestic or elder abuse, workplace harassment, and stalking are all common grounds for a restraining order. There are several types of restraining orders, including domestic, civil, and adult dependent orders. Orders may also be split by duration of potency, and not all orders may be available in all regions. Experts often advise anyone who is abused or believes they are in danger from another person to contact law enforcement immediately.
Depending on the type of restraining order used, the length of effectiveness may be an important component. Three main types include emergency or accident, temporary or permanent. Emergency orders often last five to seven days and can be invoked automatically following a domestic violence complaint. They are often intended to provide a “cooling off” period between domestic partners and allow police to resolve a domestic incident with less chance of a second abuse report.
Temporary and permanent restraining orders are typically more involved and can be imposed automatically or at the request of one or both parties. Temporary orders generally last until a formal hearing can be scheduled, in order to give the victim some security in the meantime; Divorced spouses are often placed on temporary restraining orders until the divorce process is complete. Standing restraining orders are usually given following a trial and are usually the result of a situation where the privacy or security threat is considered a permanent issue that is unlikely to change.
Domestic restraining orders prevent touching or harassment between family members or romantic partners. These are one of the most common types of orders and can be emergency, temporary or permanent, depending on the situation. Like all restraining orders, they can provide protection from a variety of things, including phone, email, or personal contact; access to personal property; or the removal of minor children from their primary residence state.
Civil harassment orders are used for people who have no direct family or romantic connection to their abuser. Stalking cases usually involve this type of order, but warring roommates or co-workers can also fall into this category. Civil harassment orders can be invoked because of threats, verbal, sexual or physical harassment or violence of any kind.
Elder abuse or adult dependent restraining orders are intended to help protect older adults from abuse by their families or caregivers. In some regions, the filing of this type of restraining order is free and may even be accompanied by the promise of legal assistance. In places where this type of restraining order does not exist, elders can still file restraining orders on domestic or civil harassment grounds.
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