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A harassment restraining order can be filed when a person feels harassed by another. The procedure and definition of harassment vary by jurisdiction. A petitioner must prove harassment, and a hearing will be scheduled to convince the court to issue the order.
When a person feels harassed by another person, the option to file for a harassment restraining order may be available. The definition of harassment, as well as the procedure for filing a restraining order, will vary by jurisdiction, but in most cases, a restraining order is a civil order, and therefore a petition must be filed in a civil court to grant the order. The respondent will be informed of the petition and will have the opportunity to reply. If the judge is satisfied that it is justified, then he will grant the order.
There are several types of orders that a court can issue to prevent contact by a defendant, including a restraining order, no contact order, or restraining order. A protective order is the term frequently used to enforce a domestic violence situation when a victim requests protection from an abuser. Typically, a no contact order is the term used in a criminal case when the defendant is ordered to have “no contact” with the alleged victim in the case. A restraining order is more general in nature and can apply to all other situations where a petitioner requests that the court prevent the defendant from having contact with him or her.
In order for a petitioner to get a judge to issue a harassment restraining order, he will have to plead and prove facts that would constitute harassment. Jurisdictions vary in their definition of harassment, but it commonly includes a pattern of behavior by the defendant that is intentional in nature and intended to frighten or annoy the petitioner. While stalking is often included in this definition, a respondent can also be found harassing a victim over the phone, email, or even via social networking or internet blogging sites. A petitioner who believes they need a restraining order should first research the definition of harassment in the jurisdiction where the order is sought to ascertain whether the defendant’s conduct meets the statutory definition.
The appellant must then file a motion with the court asking for a harassment restraining order to be issued. The petition must present specific facts that allow the judge to conclude that the defendant actually harassed the plaintiff and that an order is warranted. The court will then notify the defendant that the motion has been filed and provide him with a copy. A hearing will be scheduled in which the petitioner must convince the court that the facts in the petition are true and that a restraining order is needed to protect the petitioner from further acts of harassment. If the court is satisfied, it will order the defendant to refrain from continued harassment and may order the defendant to refrain from any contact with the plaintiff.
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