Sunday, December 6, 2009

Types of Restraining Orders

Although the rules and names for restraining orders vary in every jurisdiction, there are three common types of restraining orders. The first type of restraining orders is an emergency protective order, which goes into effect immediately. Emergency protective orders usually arise in situations of police responding to domestic violence calls. A police officer can call a judge at any time and request the emergency protective order if the officer feels it is necessary to prevent imminent harm. An emergency protective order only lasts a short amount of time, usually less than a week, and its purpose is to provide protection and give a victim time to apply for a restraining order.

The second type of restraining order is a temporary restraining order, which also lasts only a short period of time, usually less than a month. A temporary restraining order is issued when a victim applies for a restraining order. Its purpose is to provide the victim protection until a hearing can be held and a restraining order can be issued.

Permanent restraining order is the third type of restraining orders and is usually referred to as simply a restraining order. A permanent restraining order can be issued once a hearing has been held, and it can be in effect for up to a set number of years in some jurisdictions. Permanent restraining orders can be renewed or extended if the victim is still in danger of being subjected to abusive or harassing behavior when the order expires.

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