“Life, liberty, and the pursuit of happiness” sounds cut and dry. Yet, many people abuse other people, and that person being abused is left wondering how to get a restraining order when they need it.
While many assume that restraining orders are only for domestic violence cases, these protections exist in many situations. It isn’t always a vicious ex-lover making threats against someone else. It also doesn’t help that those committing the offenses don’t realize their impact. It isn’t until they get arrested that it might start to sink in.
As Pennsylvania‘s best source for 24-hour bail bonds, we see these situations often. Contact us at Szar Bail Bonds now to speak with our convenient local bail bond agents.
How to Get a Restraining Order: The Basics
Before you know how to get a restraining order, it’s good to know what it is, exactly. These court orders are not criminal charges but act as a civil order. Not everyone will receive one because they have requested it. Often, they are restricted to cases with abusers or victims.
A judge must agree that harm has come, and it likely will happen again. By issuing this protection order, it acts as a deterrent against future attacks. While violating a restraining order is a crime, receiving one is not. When in doubt, reach out to a legal expert to explain the differences further.
How to Get a Restraining Order from a Court of Law
The process isn’t as straightforward as one would hope, especially when victimized. However, it isn’t too challenging to obtain one if it’s an actual need.
First, you must meet with a judge to explain why you should have an order. If they agree, they will schedule a subsequent meeting with the abuser invited as well. Some judges may decide to offer a temporary order or a full one. They might also allow a few attempts for the accuser to defend themselves. If it’s clear that the victim is still in danger, the judge will issue it. Otherwise, it may take more convincing on your behalf before receiving one.
Who Can Get a Restraining Order in Pennsylvania?
First, a temporary restraining order, or TRO, usually lasts for only 14 days. While that doesn’t sound long, they can be extended if deemed necessary. Secondly, a full restraining order can last for up to three years. That makes it an ideal device when handling custody cases or divorce proceedings.
Pennsylvania takes it a step further with a Protection from Abuse Order or PFA. These orders can extend to children as well without needing a separate request.
Many residents can apply for a Protection from Abuse Order for their safety. That can include groups of people in the community, such as:
- Spouses and Domestic Partners
- Ex-Spouses/Divorced Partners
- Same-Sex Partners
- Natural Parents
- Adoptive Parents
- Children and Minors
- Marriage or Blood Relatives
- Current Partners
- Former Partners
- And other immediate relations
How to Get a Restraining Order for Someone Else
You know your friend is in an abusive relationship, and you want to help.
While you don’t want to overstep, you hate to see them hurt. Unfortunately, most people must file for a restraining order for themselves. Some people, however, feel afraid of making their situation worse in the process. Unless someone is of a protected group or unable, you likely can’t obtain one. Although, if they are mentally disabled or have physical conditions, you might.
Speak with a legal expert to decide if you can or should try. Otherwise, you may need to convince your loved ones to feel empowered first.
Did You Violate a Restraining Order?
Those that violate a restraining order will find themselves in trouble. In addition to fines, you could face six months of jail or probation.
While it may only be deemed as a misdemeanor, it’s another charge to fight. Now, you must post bail to meet with a lawyer.
Contact Szar Bail Bonds day or night for convenient agents in Pennsylvania facilities.