Courts take domestic violence accusations seriously. The primary concern when someone makes a complaint is keeping the complainant safe, even though the accused person hasn’t been convicted yet. One way this occurs is through restraining orders, which can include several points.
The purpose of a restraining order is to prevent the alleged abuser from having contact with the victim. It provides specific conditions to make this happen, and there are consequences for not abiding by the order.
Seriousness of accusations
For a judge to issue a temporary restraining order, there has to be a valid reason. The judge must believe the victim’s claims enough to believe that the order is necessary. Issuing temporary orders without the alleged abuser present is possible. This is known as an ex parte order.
A temporary restraining order is valid until the hearing for the permanent injunction. This is usually done within 10 days, and it requires the parties to go to court to present their respective sides of the matter. If the judge feels that there is enough evidence, they will issue the permanent restraining order. There is no expiration date on this. The only way to cancel this order is filing a petition and having a judge agree to the modification.
Terms of the restraining order
The primary purpose of a restraining order is keeping the abuser away from the victim. A police offer would have to escort them to pick up their belongings. They will have to stay a specific distance from the victim and can’t have any contact with them. It can address weapons by forbidding the accused person from having them. An exception might be possible if the person is a service member or police officer who has a duty weapon, but they could only carry it while they are working.
A temporary order can have terms for child custody and possession of the home. It may set terms for supervised parenting time or specific requirements for unsupervised visits if the court feels the person isn’t a threat to the kids. Other conditions can also occur in the final order. These include requirements for domestic violence counseling, financial support, psychiatric evaluation and court monitoring.
Claims of domestic violence must only occur when the facts point to the crime because severe consequences are possible. A person accused of this can face civil legal issues, but criminal charges can also follow. The victim then has to show what happened during the incident in question.
