If a party feels that a restraining order is necessary to protect him or herself, there are different types of restraining orders available and each are based on the circumstances of the parties.
Some restraining orders can be issued by the criminal courts and those restraining orders are most likely to be ordered to protect a victim of a crime and are issued against the perpetrator or alleged perpetrator of that crime.
A domestic violence protection order is an order that protects a victim of domestic violence. Domestic violence exists when one or more of the following things occur between family or household members:
- Physical Harm
- Bodily injury
- Sexual Assault
- Making you fear immediate physical harm, bodily injury or assault
This definition includes many abusive behaviors such as pushing, hitting, choking, slapping, biting, or other conduct that causes harm or few or being harmed.
A domestic violence protection order provides protection for domestic violence victims and results in severe consequences for the abuser if the order is violated.
An anti-harassment order may be necessary if someone engages in a series of willful acts over a period of t5ime that serve no legitimate legal purpose:
Seriously alarms, annoys, harasses or harms you AND reasonably causes you to suffer substantial emotional distress or reasonably causes you to fear for the well-being of your child or children.
The existence of restraining orders can impact a party’s rights to access to their children in some circumstances.