Restraining Order Related Questions
What is a restraining order?A restraining order is an order to protect a person from someone else and requires them to do, or refrain from doing certain acts. A person that does not obey the orders will face criminal and civil penalties and may have to pay damages or accept the punishment. The term that is mostly used for restraining orders is domestic violence, harassment, stalking, and sexual assault. Read below the top five restraining order questions that have been answered by legal Experts.
In the state of California how does someone place a restraining order on another person?To get a restraining order in California the petitioner will need to have a clear and convincing evidence to support the reasons why they want a restraining order. In California there are two types of restraining orders. One is where there is domestic violence, and the other is where there is harassment. For a civil harassment order one will need to show:
• Unlawful violence;
• Threat of violence; or
• A knowing and willful course directed to a specific person that alarms, annoys, or harasses the person, which serves no purpose.
Under the Domestic Violence Prevention Act, abuse can be physical, sexual, or even verbal. It can also include written or spoken abuse.
To prove their case, they will need to show some sort of evidence from the states above in order to proceed with either one of these orders.
In the state of Texas can someone file for a harassment restraining order against someone who has been writes harmful emails, and continually calls?The state of Texas does have a law that criminalized harassment; they can file a police report and get a restraining order for harassment.
The Texas Penal Code on harassment states: A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he: (1) communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, by telephone, in writing or by electrometric communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property; (3) conveyor to be false, that another person has suffered death or serious bodily injury.
What can a person do if someone filed a false restraining order on them?If someone has filed a false restraining order on someone the victim will need to collect all available evidence for all of the persons’ false allegations. Someone cannot stop another from filing a false restraining order, but they will have the opportunity to defend them self against the false filing, but they will need to show that their statements are false. If they attempt to get into an argument or altercation with the other person as a way to file a restraining order, the best things to do is contact the police and make a report. The report can be collected as evidence.
In Montana what are the requirements for a restraining order?In the state of Montana, restraining orders are referred to “orders of protection”, and they are only available to family members. A “family member” is someone who is related to someone either by blood, marriage, or adoption. “Father in-laws” count as family members by marriage. In order to be eligible for an order of protection, they must have been a victim of domestic violence, which Montana includes most violent crimes, also stalking, harassment, and intimidation.
Who can modify a restraining order? How old does a child have to be in order to remove themselves from a protective order so they can see their parent again?No restraining order can be modified without approval from the court. Either party can request for a modification, and the court may consider input from both parties, but it will be the court’s decision on whether it is appropriate for the court to modify the orders. The child may request a modification when they have reached the age of 18 or they have been emancipated.
In the United States, each state has some form of domestic violence restraining order law, and many states have a specific restraining order law for stalking and sexual assault. Consult an Expert for legal answers on the laws as they apply in your state.