What Is Restraining Order?
In the UK, restraining orders can only be issued during criminal proceedings, so in order to get a restraining order against someone, you must take that person to court first.
Restraining orders are most commonly imposed in the context of domestic violence, to protect victims from abusive partners.
When can you get a restraining order?
Filing a Restraining Order
- Obtain the proper forms. You need to visit the courthouse in your county.
- Get a lawyer involved.
- Complete the forms.
- Receive a court hearing.
- Serve the court order to the abuser.
- Attend the court hearing.
- Receive the judge’s decision.
How long do you have to get a restraining order?
A restraining order lasts for one year from the date the judge signed it or until it is dropped by a judge. It can be renewed for one year at a time, if the judge believes you are likely still in danger. To renew the order, you must file the court paperwork before the order ends.
Can you drop a restraining order on someone?
If you do not go, the restraining order will be dropped. If you already have a “permanent” restraining order and you want to dismiss (drop) the case or change the restraining order, you must file papers (a motion) to go to court and ask the judge.
How does a restraining order works?
After having a court hearing, a judge can grant you a Restraining Order After Hearing that can last up to five years. This order is designed to keep your abuser from threatening, harassing, or abusing you. You can ask the court later to have the order extended for another five years, or permanently.
Do you have to have evidence to get a restraining order?
The judge will review your information (with evidence if you have any, but not necessary) and you may get a temporary restraining order (until the 14 day hearing). Get the restraining order served, then. Go to the hearing and present your case. You‘ll need a subpoena for a witness/records.
What is a permanent restraining order?
A Permanent Restraining Order provides protection for victims of certain crimes, such as
- Domestic Abuse.
- Child Abuse.
- Sexual Assault
- And other offences.
They are also quite common in divorce cases, especially where the divorce is based on a history of repeated abuse patterns.
Please see the following links for more information:
- Rape Crisis Freephone 0808 802 9999
- SOS Rape Crisis firstname.lastname@example.org or call 01702 667590
- Victim Support Call free Supportline 08 08 16 89 111
- SARC (Sexual Assault Referral Centres)
- Sexually abused as a child – can I claim compensation?
- Emotional/Psychological/Mental Abuse
- Family Law Act 1996
- Serious Crime Act 2015
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