Divorce and Domestic Violence: Temporary Restraining Order and Restraining Order after Hearing



Posted: Tuesday, January 23, 2007

by
Child Custody Coach

It is important to have knowledge of the term of retraining order. A restraining order can also be referred to as a protective order in some states and generally refers to a legal order issued by a court protecting a victim of domestic violence or domestic abuse from the activities of an abusive person. A retraining order may 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 in some cases may need to move out of the family residence shared with the protected person and stay at least 100 yards away from the protected person at all times.

What is the difference a temporary order and an order after hearing? Although there may be other differences, one difference is that a temporary restraining order many times follows an Ex Parte appearance. In other words, the temporary restraining order was issued by one party, the victim of domestic violence, while the other party, the aggressor, was absent. The temporary restraining order may have been given to immediately restrain the conduct of the abuser from his/her activities over the victim. The temporary restraining order may include some or all of the elements cited before. The abuser may be served with an Order to Show Cause or OSC along with the temporary restraining order. The Order to Show Cause or OSC would inform the abuser that a hearing will be held to determine if a permanent restraining order should or should not be issued.

In some instances, if you request a temporary restraining order you may be able to get it the same day. The restraining order can remain in effect until the scheduled hearing on the Order to Show Cause. Depending on your area, the Order to Show Cause hearing may be scheduled to take place approximately 2-3 weeks 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 exerted deadly force and domestic violence as domestic violence takes on many shapes. Whether the abuse was physical or emotional it can carry 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. However, one of the main differences between a temporary restraining order and a permanent restraining order is that a permanent restraining order can be effective for a long period of time and even for several years in certain cases. In some instances, a protected person may be able to renew the order for an additional period of time or apply to make it permanent.

If you are seeking a temporary restraining order or permanent restraining order you would be wise to consult an attorney in your area to help you learn where you stand legally and what the laws are in your particular area in regards to temporary restraining orders, permanent restraining orders, Ex Parte hearings, and domestic violence.

© 2007 Child Custody Coach

Steven Carlson is the founder of Child Custody Coach. He is known nationally as The Custody Coach and provides individualized help and one-on-one coaching services to parents in the field of child custody and visitation issues, divorce, child custody evaluations, parenting, and attorney fee disputes. He is the author of the child custody E-Book strategy guide, “How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!". He provides support for Custody Match, a Southern California consumer and family law attorney matching service.

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