What is the difference between a restraining order and a stay away order




















The longest a no contact order can last is for the duration of the case plus 12 months of probation after the case is over. A civil restraining order is a separate action altogether. If someone files a restraining order against you and the judge grants it, it can last for as long as the judge decides—even if that means forever. It doesn't necessarily have to do with anything criminal. If the order is granted, it is important to have an attorney explain the restraining order rules to you so that you don't violate them and get into any further trouble.

Get in touch with our firm for a free strategy session to see how we can help you. A full protection order, or restraining order, is granted after a court hearing and lasts for a longer period of time than the ex parte order. Missouri Attorney General Eric Schmitt outlines these two methods of protecting adult victims of domestic violence in a resource booklet.

A victim of stalking or abuse can file an order of protection against a current or former spouse, adult member of the family or household, any adult in a social, intimate, or romantic relationship, or a person the victim shares a child with.

To obtain an ex parte order of protection, the accused abuser does not have to be present. That order can prohibit the abuser from stalking, molesting, threatening, abusing, or disturbing the peace of the victim. The ex parte order of protection can be obtained from the circuit court in the county where the victim resides, where abuse took place, or where the abuser can be served.

Victims do not require a lawyer to file an ex parte order and can approach the circuit clerk or county victim advocate for help filing papers. To contact a victim advocate in Boone County, call The order takes effect as soon as the judge grants it and lasts until the full protective order hearing is held, usually within days.

A full order of protection, also known as a restraining order, can only be issued following a full order hearing, which the victim must attend. This order cuts off all communication and contact between the abuser and the victim. No contact - to prohibit all contact, whether by telephone, text messages, notes, mail, fax, email, through a third person, or delivery of flowers or gifts.

Support - order the abuser to pay you temporary child support or continue to make mortgage payments on a home owned by both of you. Exclusive use - to award you sole use of a home or car owned by both of you. Restitution - to pay you for medical costs or property damage caused by the abuser, for example. Custody, visitation, and child support - many jurisdictions also allow the court to make decisions about the care and safety of your children as part of your restraining order.

Some can even issue child support orders within the restraining order. You can also ask the court to order supervised visitation, or to specify a safe arrangement for transferring the children back and forth between you and the abuser. Did you find this information helpful? Yes No.

When an abuser violates a restraining order. The difference between civil contempt and criminal contempt. View a state Know the Laws - By State State vs. WomensLaw serves and supports all survivors, no matter their sex or gender.



0コメント

  • 1000 / 1000