Restraining orders come in three types: temporary, emergency, and standing. They require basic information about the accuser and defendant, and a judicial review. Violators can be arrested and charged. Temporary orders are for short-term behavior, emergency orders provide immediate protection, and standing orders are for long-term protection. They are usually filed in court and can be renewed.
In general, there are three different types of restraining order forms: those for temporary orders, emergency orders, and standing orders. There can be some variation when it comes to what is available where, and different jurisdictions may have alternate names for each form. Some may even have additional varieties available, depending on your circumstances. Nearly every location allows for both short-term and long-term orders, however, and emergency orders are usually issued when someone appears to be in immediate danger. The modules needed for each type are usually quite similar. Applicants need basic information about both themselves and the person they want to end contact with, and there usually needs to be some sort of judicial review as well. Except in emergency situations, it is common to face some sort of waiting or processing period and one or both parties may also have to appear before a judge.
Restraining order basics
Restraining orders are legal tools used to prohibit one person or group of people from contacting another. They are usually filed in court and are enforceable by both the courts and the police – people who violate the order are usually subject to arrest and could also be charged with civil charges. These orders don’t just happen, though. People have to apply for them, and doing so usually requires a series of forms. Lawyers are often the ones who fill them out on behalf of clients, but in most places people can also access, fill out and file them, all themselves.
Necessary information
The information required on each form type is essentially the same. It should usually include the names of the accuser and the defendant. A full description of the incident that led to the need to apply for a restraining order is also usually required, as well as the names and contact information for any witnesses or references who can verify the applicant’s statement of facts.
In general, the accuser should file the complaint with the legal authority responsible for processing the restraining orders. In most cases this is a county, city or other local court. The filing becomes an official and legal acknowledgment by the authority that undesirable behavior has occurred between the defendant and the accuser. Once the forms are completed, a judge usually issues a decision to validate or dismiss the claim.
Temporary restraining orders
People typically use temporary forms to stop short-term behavior. These types of restraining orders are usually good for about a month or so, and are usually best for situations where hostility between two people is expected to end fairly quickly. These are some of the easiest forms to file and can usually be resolved with a short hearing before a judge. The judge may require both parties to be present, although in many cases the applicant is the only one required to appear.
In emergency situations
Emergency restraining order forms are used to provide immediate protection from unwanted or inappropriate behavior. A law enforcement official could be making the request to the judge on behalf of the accuser, which means that the officer could actually be the one filling out and completing this type of form. The purpose of this particular process is to provide immediate protection to a person who you believe may be at risk of violence or harassment within hours or days.
While the purpose is similar, there is a slight difference between a temporary restraining order and an emergency restraining order. The judge may grant a temporary restraining order several days after an accident has occurred. Conversely, the emergency restraining order may go into effect the same day the judge receives the law enforcement request and often does not request a hearing at all. It doesn’t last long, though. People who want continued protection usually need to get temporary or permanent order forms once they’re able.
Standing and long-term orders
A permanent restraining order form is typically filed during the court appearance for the temporary order. During the hearing, the accuser formally asks the judge to grant permanent restrictions on unwanted contact. The information in this request may include additional facts to support the undesirable behavior, and requesters often send entire packets of documents and other information.
In most cases, the judge will decide how long a “permanent” restraining order is in effect. Usually these tools are rarely truly permanent; in most cases they are only valid for a certain number of years. Depending on the circumstances that led to the standing order, however, a judge can often renew the same order after it has expired.
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