Have you ever wondered what a restraining order actually is?In ordinary terms, it is a court document that forbids a person from being able to come in contact with another person, and can vary in degree.There are two sides when looking at a restraining order, in that it can be beneficial in helping to stop such things as domestic violence, but can also cause disruptions when it comes to divorce or custody issues.While it depends on where one lives, a restraining order can have consequences that are either minor or major.To avoid such things as jail time or fines one should make sure that they know and understand potential penalties for defying the order.

Restraining Order and Domestic Orders

While many instances of retraining orders come at the request of one individual, there is also the possibility for other instances as well.For instance, a restraining order may be put on both sides when it comes to such things as domestic violence.This can allow both individuals to cool down over a period of several days or weeks.Some orders can also be filed automatically in courts for some divorce cases or in specific locations.As stated earlier though, a majority of the time an order is requested by one person if they feel they are in danger from another individual.

When it comes to divorce cases that involve the custody rights of children, limitations play an extremely important role and should be understood clearly by both parties.Many times an order can be very specific.For example, if the child comes down with the flu or something it may be in violation of the order to even contact the other person about it.While this may seem like an extreme case, it is important to always know what the limits for the safety and protection of the children in question.Someone could possibly go to jail if the order specifically does not allow the aforementioned example to happen, so it is always better to be safe than sorry by making sure there are exceptions within the order. See my previous blog post on other facts you should be aware of about restraining orders.

Restraining Order and Penalties

In regards to penalties for violating a restraining order, there are many different situations that must be taken into consideration before an exact punishment can be made.Situations include if there was any crime committed, how the order was broken, and so on.Penalties can range anywhere from having to take anger management courses to spending actual time in jail.Usually when orders are broken in instances of domestic violence the penalty may be more severe.

When it comes to the more severe penalties that one could face, obviously if one were to violate the order more than once they can expect a harsher penalty.What is meant by a harsher penalty is a longer time spent in jail as well as higher fines to pay.When it comes down to it one should never try to defy a restraining order if they can help it. If you need help with a restraining order please check out restrainingorder911.com                                                                                                                                                                                                                       

 

 

 

 

Tags: divorce, Restraining Order

This entry was posted on Tuesday, September 6th, 2011 at 7:58 am and is filed under Restraining Orders and your Criminal Record. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.