Restraining Order

Dealing with Serious Issues

A restraining order is a form of legal injunction that can be used to keep a father from seeing his children. There are many different types of restraining orders or orders of protection that can also be used by fathers in times of harassment, stalking or parental neglect.

Mothers Abusing Protective Orders

In many cases, restraining orders are filed erroneously by mothers as a form of manipulation for the purpose of personally harming the relationship a father has with his child or children. When situations like these arise, it is typically the goal of a father to have the order lifted on the children so that they may continue visitation.

Types of Protective Orders

Emergency Protective Order - This type of order becomes active immediately and is usually used in cases of domestic violence or in cases where an individual could be in imminent danger. If a police officer responds to a domestic violence call and believes an emergency protective order is necessary, they can request that a judge implement the emergency order immediately. These types of orders tend to be issued only for a short period of time, giving the victim the opportunity to file permanent orders.

Temporary Protective Order - This type of order is typically issued to victims that have applied for permanent orders. The permanent order requires time for the court to decide, but protection is still needed by the victim. In most cases, temporary protective orders are short in duration; lasting for a few weeks to a month.

Permanent Protective Order - Permanent protective orders are designed to be in effect for a fixed period of time based upon state law. They are put in place after the courts have heard the arguments of the victim and the individual of whom the order is against. This type of order can be renewed if the victim can prove to the court that they would be in harm’s way if not renewed.

 

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