A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Mississippi Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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Temporary (ex parte) injunctions: granted when there is an immediate and present danger and take effect as soon as the person is served and will last until the full hearing takes place ? at the most up to 15 days (unless the judge grants a continuance for ?good cause?).
Your Hearing: If you receive an Ex Parte order or a Summons, the court will schedule a hearing date so a judge can decide if you will get a full Order of Protection. You must appear in-person for your court date unless you've made other arrangements with an attorney or the court.
The judge may issue you a temporary restraining order without the abuser present (ex parte) if there is ?good cause? to do so. Proving that you are the victim of sexual assault is considered to be ?good cause? to grant this ex parte order.
An ex parte protection order is a temporary order that you can request if you need emergency relief. If granted, the order of protection goes into effect immediately and will have a set date that it expires.
In order to be eligible for a protective order, you must have been, within a reasonable period of time, subjected to an act involving violence, force, or threat that results in bodily injury or places you in reason- able fear of death, sexual assault, or bodily injury. (See Code of Virginia §19.2-152.10).
Also, the victim or respondent can check with the court clerk or law enforcement. Court clerks submit protective order information to the Texas Crime Information Center. The law enforcement database, which the police or sheriffs have access to will have the order.
FindLaw Newsletters Stay up-to-date with how the law affects your life Code Section93-21-1, et seq.Duration of OrderTemporary: maximum 10 days, can be extended another 20 days. General: maximum 3 years, may be extendedPenalty for a Violation of OrderContempt of court: maximum 6 months jail and/or fine, maximum $1,0005 more rows