When Is It Time to Get a Restraining Order?

Feb 16, 2016
by Adler Markoff & Associates

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    When Is It Time to Get a Restraining Order?

    If you or someone you love is in a troubled relationship that has turned violent or abusive in any manner, it may be time to consider getting a restraining order. While it can be difficult for victims of domestic abuse to say “enough is enough” and take the proper steps to protect themselves from their abuser, doing so could actually save their life. Restraining orders, also known as protection orders, are issued by a judge and tell people that they either can or cannot do certain things, such as contact or be near a particular individual. When issued in a criminal context, restraining orders are used to prohibit abusive spouses or partners from contacting or harming the other spouse and also to keep stalkers and harassers away. In the event you are being threatened or abused – whether physically or verbally – by a partner or spouse, it may be in your best interest to retain the services of knowledgeable domestic violence attorney in order to protect yourself. If your spouse or partner aggressively refuses to listen to your needs or respect your boundaries, or is acting in a way that is causing you to be fearful, a restraining order may be what you need.

    How Are Restraining Orders Issued?

    In order to get a restraining order, you must fill out and file some paperwork, go to a hearing, and then wait for a judge to reach a decision. This can be a complicated process, which is why it is generally recommended for you to have a lawyer by your side. The key to getting a restraining order is to prove to the judge that you are in danger and that this order will protect you. There are a few specific things you should be aware of that will determine whether or not a judge issues a restraining order:

    • What is the danger?
    • What are the specifics of the situation?
      • Do you want to stop the person from contacting your friends and family? Phone calls after certain times? Other unwanted behaviors?
    • You can file a restraining order if you have been the victim of domestic violence from the following:
      • A spouse or former spouse
      • A person you are dating or used to date
      • The mother or father of your children
      • A person related to you by blood, marriage, or adoption
      • A person who regularly lives or used to live in your home

    The above information is a brief overview of what considerations there are when issuing a restraining order.

    Facts About Domestic Violence

    Here are a few facts about domestic violence to give you a better understanding of how serious it is:

    • 85% of domestic violence victims are women
    • 1 in 4 women worldwide will experience domestic/dating violence in their lifetime
    • Women between the ages of 20 and 24 are at the greatest risk of becoming a victim of domestic violence
    • Domestic violence typically takes place between 6 pm and 6 am
    • Approximately 324,000 women each year experience intimate partner violence during their pregnancy
    • Boys who witness domestic violence are two times as likely to abuse their owner partners
    • Domestic violence is the leading cause of injury to women

    If you or someone you love has experienced domestic violence or would like to find out more about getting a restraining order in Oklahoma, contact AMA Law today.

    Request a free consultation

    (405) 607-8757