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Home > Articles: Temporary Restraining Order and Restraining Order after Hearing
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Temporary Restraining Order and Restraining Order after Hearing: What is the difference?
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First it is important to define the term of retraining order. It is also known as protective order in some states and refers to the legal order issued by a court protecting a victim from the activities of an abusive person. A typical retraining order include that the abuser is not allowed to have any form of contact or disturb by any means the peace of the protected person. Following the order, the aggressor has to move out from the residence shared with the protected person and has to stay at least 100 yards away from the protected person at all times.
Now, what is the difference a temporary order and an order after hearing? The first type of order is generally issued following what attorney calls an Ex-Parte Appearance. It just means that the order was issued by one party, the victim of domestic violence, while the other party, the aggressor, was absent. The temporary restraining order is meant at immediately restraining the conduct of the abuser from his activities over the victim. It typically includes all the elements cited before. The abuser will be served an Order to Show Cause along with the temporary restraining order. This order is meant at informing the abuser that a hearing will be held to determine a permanent restraining order should or should not be issued.
Normally, if you request a temporary restraining order usually you can get it the same day. The restraining order remains in effect until the scheduled hearing on the Order to Show Cause. The Order to Show Cause hearing is typically scheduled to take place 15 or 20 days after the issuance of the restraining order.
Eventually, a more permanent restraining order can be issued according the evidence presented during the hearing. In order to get a more permanent restraining order, the victim does not necessarily need to show that the abuser exerts deadly force and domestic violence takes many shapes. Whether the abuse is physical or emotional it carries the same importance before a court. A retraining order after hearing can order the offender from engaging in certain acts and from being in certain places at the same time with the protected person. But the main difference is the fact that this type of order can be effective for a long period of time and even for several years in certain cases. The protected person can also renew the order for an additional period of time or apply to make it permanent.
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Temporary Restraining Order and Restraining Order after Hearing: Temporary Restraining Order and Restraining Order after Hearing: What is the difference? This article explores ideas concerning a temporary restraining order and a restraining order after hearing, and domestic violence as it relates to family law and restraining orders.
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