Restraining Orders

B. Scott Winkler will defend you if you have been abused and are needing to file a restraining order. Schedule your free consultation today and ask the questions you are seeking answers to.

A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you.

There are two types main types of restraining orders:

  • A Domestic Violence Restraining Order is for people who have or have had a married or dating relationship or are closely related. The person seeking protection must have experienced actual physical violence or a credible threat of physical violence.
  • A Civil Harassment Restraining Order is appropriate if there is not a romantic or close familial relationship between the parties. Common examples of the types of restraining order are relative vs. relative, stranger vs. stranger and neighbor vs. neighbor. The conduct that these orders try to prevent can range from annoying behaviors to physical abuse. Civil Harassment Orders can be made to stop a variety of behaviors, from repetitive phone calling to stalking and physical violence.

All protective order statutes permit the court to instruct an alleged abuser to stay a certain distance away from someone, their home, their workplace or their school (“stay away” provisions) and to not contact them. Alleged victims generally may also request the court to order that all contact, whether it be by telephone, notes, mail, fax, email or delivery of flowers or gifts, be prohibited (“no contact” provisions). Courts can also instruct an alleged abuser to not hurt or threaten someone (“cease abuse” provisions).

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