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The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. |
A restraining order is a form of legal injunction. The term is most commonly used in reference to domestic violence, harassment, stalking or sexual assault. Each state has some form of domestic violence restraining order law,[1] and many states also have specific restraining order laws for stalking[2] and sexual assault.[3]
A restraining order is a legal order issued by a state court which requires one person to stop harming another person. It is also sometimes called a Protection Order, Order of Protection, Protection from Abuse Order, Police Protection, Protective Order, Non molestation order or some other similar name. In Australia the term is Apprehended Violence Order (AVO) or Intervention Order [4]
Restraining order/protection order laws establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. While there are differences from state to state, all protective order statutes permit the court to order the abuser to stay away from someone, their home, their workplace or their school ("stay away" provisions) and to stop contacting them. Victims generally also can ask the court to order that all contact, whether by telephone, notes, mail, fax, email or delivery of flowers or gifts, is prohibited ("no contact" provisions). Courts can also order the abuser to stop hurting or threatening someone ("cease abuse" provisions).
Some states also allow the court to order the abuser to pay temporary support or continue to make mortgage payments on a home owned by both people ("support" provisions), to award sole use of a home or car owned by both people ("exclusive use" provisions), or to pay for medical costs or property damage caused by the abuser ("restitution" provisions).
Some courts might also be able to order the abuser to turn over any firearms and ammunition he or she has ("relinquish firearms" provisions), attend a batterers' treatment program, appear for regular drug tests, or start alcohol or drug abuse counseling.
Many jurisdictions also allow the court to make decisions about the care and safety of the children. Courts can order the abuser to stay away from and have no contact with the children's doctors, daycare, school or after-school job. Most courts can make temporary child custody decisions, although many courts are reluctant to do so. Some can issue visitation or child support orders. A victim can also ask the court to order supervised visitation, or to specify a safe arrangement for transferring the children back and forth ("custody, visitation and child support" provisions).
When the abuser does something that the court has ordered him or her not to do, or fails to do something the court has ordered him or her to do, that is a violation of the order. The victim can ask the police or the court, or both, depending on the violation, to enforce the order.
Restraining orders may also be enforced across state lines. This is called granting "full faith and credit" to a qualifed order.[5]
Some states (for example, Mississippi[6]) may also call a restraining order a peace bond.
In the UK, a non molestation order is Part IV of the Family Law Act 1996. Non molestation orders are a type of injunction used to protect your partner or ex-partner from hurting, intimidating, harrassing, etc, you or your children. In the UK, breaching this order is a criminal offence. Under the Domestic Violence Crime and Victims Act, 2004, same-sex couples experiencing same-sex domestic violence and abuse [7] are able to get protection with a non molestation order. When in conjunction with domestic violence, the non molestation order is granted under legal aid irrespective of income. [8]
See also
- Anti-Social Behaviour Order (UK)
- Peace bond (Canada)
- Restraining order abuse
References
- ^ http://www.abanet.org/domviol/docs/DV_CPO_Chart_8_2007.pdf
- ^ http://www.abanet.org/domviol/docs/StalkingHarassment_CPO_Chart_8_2007.pdf
- ^ http://www.abanet.org/domviol/docs/SA_CPO_Chart_8_2007.pdf
- ^ "Apprehended Violence Orders (AVOs)". Lawlink > Local Courts > Going to Court > Apprehended Violence Orders (AVOs). Attorney General's Department of New South Wales, Australia. http://www.lawlink.nsw.gov.au/lawlink/local_courts/ll_localcourts.nsf/pages/lc_avo1. Retrieved 2008-09-25.
- ^ http://www.fullfaithandcredit.org/aboutffc.asp
- ^ http://michie.com/mississippi/lpext.dll?f=templates&fn=main-h.htm&cp=
- ^ http://www.broken-rainbow.org.uk
- ^ http://www.womensaid.org.uk/domestic-violence-survivors-handbook.asp?section=000100010008000100330002
External links
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