Temporary restraining orders

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Updated: 4/13/2007 3:35 pm
A temporary restraining order may be obtained by a spouse who feels threatened, or that he or she is or may be a victim of domestic violence. Sometimes during a divorce, one spouse may feel the need to ask for a temporary restraining order against his or her spouse. Restraining or protective orders instruct the spouse to cease particular activities against the victim. To obtain a restraining order, the victim should proceed to the local clerk of courts and complete the necessary paperwork. A temporary restraining order will then be issued, and a hearing date will be set for sometime within the next week to 15 days. A law enforcement official will deliver a copy of the order to the spouse who must abide by the rules of the restraining order. Some restraining orders require that the perpetrator not contact, attack, strike, threaten, batter, or otherwise disturb the peace of the protected person. Other protective orders require that the spouse move from the protected person's home, stay at least 100 yards from the protected person, or attend counseling. At the hearing, the victim and the accused are both able to plead their cases, and the judge decides whether to terminate the order or extend it for a year or more. If a spouse violates a restraining order, he or she may be subject to jail time. If a restraining order is extended from temporary to permanent, the spouse will no longer be able to purchase or own a firearm.

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