Everyone knows that there are many different kinds of laws and punishments in place for those who break those laws. Unfortunately, some individuals seem to not care about the law, thinking to themselves that perhaps they will avoid being caught or not thinking about the consequences whatsoever. In these cases, it can be extremely beneficial and helpful to obtain a restraining order against the individual who you suspect may commit a crime against you or a loved one. While the law will punish them after the fact, a restraining order can stop the crime from happening altogether. In movies and media, the restraining order seems like a cut and dry deal: you simply obtain one from police and it's the end of the story. What many people do not realize, however, is that there are many different types of restraining orders-- all of them with very specific and individual purposes:
The Short Term
If you are in immediate danger from a friend or family member (for example, if police are arriving at your house to deal with a violent domestic disturbance) they may take matters into their own hands, issuing what is known as an emergency protective order on your behalf.
An emergency protective order (EPO) can be obtained by police quickly, prohibiting the offending person from setting foot on your property. Alternatively, if the offender is actually a member of your family, the EPO can force the individual to move out immediately. Keep in mind that an EPO only lasts a short amount of time (at most a week), so it's important to consider a longer lasting option as soon as possible.
More Permanent Options
In some situations, you may need to apply for a more permanent solution. If a crime hasn't been committed, the individual may not be facing penalties from the law-- but that doesn't mean you need to put yourself at risk.
In most states, a temporary restraining order can be obtained that will last for anywhere between 15 days to a full month. By doing this, you are insuring full protection until a permanent restraining order can be obtained. A permanent order prevents the offender not only from coming onto your property or near you in public spaces, but can even stop them from emailing or texting you.
If any restraining order is violated in any way, the violator may face severe fines (or jail time, depending on the severity of the situation). Because of these penalties, many would-be criminals fear the results of approaching you, your family, or your property-- resulting in a safer tomorrow.
For more information, contact an experienced lawyer from a firm like the Law Office of Alan L Ruder.
Share22 January 2015
When I started my first small business, I had no idea how much I really didn’t know. I was fully prepared to deal with customers, sell product and even handle complaints and returns. What I wasn’t aware of was that there is so much more to it. I was lacking the legal expertise to protect the company and myself. I wanted others to benefit from my experience, mistakes and lessons learned, so I started this blog. From employment law to the legal business contracts you’ll have to sign when you form partnerships, business law is complex. I hope that the information here will help you to be better prepared when you start your business so that you’ll know when you need to call an attorney and when you can handle things yourself.
