Restraining orders are set in place to protect people or businesses from potential harm. These court-mandated orders are used in different situations of alleged violence (domestic, assault, harassment, sexual assault, or stalking).
One of the most common uses for restraining orders is to keep people who used to be in relationships, at a safe distance from one another after a relationship ends badly. Domestic violence occurs often within relationships that have lost their spark (especially if one person had a hard time letting go, or there are children involved). These orders will allow little to no chance for the ex-lovers to legally be within a certain vicinity of one another.
Most times, these orders are set in place to protect women, but can (and do) get used in situations to protect a male from a female.
Not only are they used to ensure a toxic relationship doesn’t turn out badly, but there may also be injunctions that protect companies as well. In situations dealing with intentional property damage or vandalism, certain injunctions or restraining order may be placed on an individual to make sure they don’t come within a certain distance of an establishment. These court-ordered guidelines give a sense of relief to the affected party because they can live their life in peace knowing that they are legally sealed away from an opposing and potentially harmful party. Restraining orders may also be placed on parents if it is found that a child is being abused or the parent is unfit to be around the child unsupervised.
If you feel like you are in need of a document from court because you don’t feel safe around a certain person, you usually start by going down to the courthouse and outlining your situation to the appropriate officer. You will be asked to fill out a petition that specifies the type of harassment or abuse. This petition will go to whatever judge is assigned to the case and he will then review your information to determine if an injunction should be issued at that time.
It is no fun to feel unsafe at all times, especially with people you once knew and loved. Should you feel the need to press charges against an individual or go the extra mile and have a restraining order, speak with a criminal defense attorney in Atlanta, GA as soon as possible to figure out ways to keep you protected.
Thanks to Andrew R. Lynch, P.C. for their insight into criminal law and restraining orders.