Restraining Orders: Getting One and Removing One

Restraining Orders: Getting One and Removing One

Restraining orders are meant to offer protection to one person by way of restraining contact with another who may seek to do the former harm. As such, these orders are intended to create a specific distance between the parties until any issues that were cause for the order are resolved, if they can be. Restraining orders can be granted on behalf of either party in a relationship, or on behalf of children who may be at risk of harm.

“The use of restraining orders is typically intended to protect a victim of abuse against future harm at the hands of their abuser. There is no reason for a person suffering from abuse to continue in such a relationship, and a restraining order should be immediately sought. To see if a restraining order is appropriate in your situation, you should always speak with an experienced family law attorney. If immediate assistance is required, go to the Clerk of Court in your county who is available each day for emergency restraining orders,” said Norman Green, Senior Partner at Green & Metcalf of Vero Beach, FL.

Typically, restraining orders allow abuse victims the opportunity to put as much distance as the court will allow between them and their abusers. While this is an optimal situation to stop abuse between adults, it may also create distance between a parent and their children. In addition, if the restraining order is put in place during the course of a divorce, it may also create work-related complications and subsequently, affect the court’s decision in child custody and visitation.

“If a restraining order causes problems with the target of the order’s employment and reputation, he or she can petition the court to have the order lifted; however, there’s no guarantee a judge will lift the order without valid reasons and specific evidence. People should remember that it may be easier to put a restraining order in place than it is to get one lifted,” Green said.

Norman A. Green is the founder and a partner of Green & Metcalf - Attorneys At Law. He has over 40 years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and alimony cases).