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Restraining Orders Frequently Asked Questions
Questions
Questions
 
What is considered domestic abuse?

"Abuse" is defined as "the occurrence of one or more of the following acts between family or household members:

        A. Attempting to cause or causing physical harm
        B.  Placing another in fear of imminent serious physical harm
        C.  Cause another to engage involuntarily in sexual relations.

Who can I get a restraining order against?

"Family or household members" defined as people who are or were:

        A.  Married; or
        B.  Living together in the same household, including same sex relationships; or
        C.  Related by blood or are/were related by marriage; or
        D.  Parents of a common child, regardless of whether they have every been married or lived together; or
        E.  Involved in a substantive dating relationship.  The law does cover those parties who are or have been involved in a "substantive                dating relationship", including same sex relationships.

If I cannot get to court while its in session, how else can I get a restraining order?

During evenings, weekends, and holidays, you can go to the police department to obtain an emergency restraining order.

If I get a restraining order, what happens to the abuser?

The abuser is served with the restraining order, advised that violating the order could result in their arrest, and also advised of a hearing date when they can have their side the story heard.

What happens if my abuser violates the restraining order?

A violation of a restraining order is a criminal offense.  The abuser will be subject to arrest or criminal charges sought against them should they violate the restraining order.

If I get an order from the police department, do I have to go to court?

Yes.  If you get an emergency restraining order through the police department, you will have to go to the local district court on the next business day to have the order extended.

Can I get a restraining order for my minor children?

Yes.  If your children are abused as defined above, you can obtain a restraining order on their behalf or have them listed on your restraining order for their protection as well as yours.




 

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