Types of Restraining Orders
What some people may not realize is that there are several different types of restraining orders that they can file. A restraining order can include the following:
- Restraints on personal conduct by the batterer
- Orders for the batterer to stay away from the victim’s home/work
- Orders for the batterer to stay away from the child’s school
- Orders for the batterer to be removed from the residence
- Child custody, visitation, support orders, and other miscellaneous orders
Filing a restraining order doesn’t necessarily mean that you (or your child) will never see the batterer again. Especially for relationships involving a child, it may be important to maintain some level of contact. That contact can be closely monitored with a restraining order in place.
Have You Been Falsely Accused?
It is not uncommon for people to be falsely accused of domestic violence, which may lead to an innocent person having a restraining order filed against them. This can stem from malicious intent and, sometimes, it can even be used to secure certain arrangements before, during, or after a divorce.
Remember that you absolutely do not want to have a restraining order against you, especially if you may ever be involved in a case involving child custody or support. If the court makes a finding that a party seeking joint legal or physical custody has perpetrated domestic violence within the previous five years, there is a rebuttable presumption that an award of sole or joint legal or physical custody is detrimental to the best interest of the child. This may lead to you losing visitation rights to your child — all because of a false claim.