Stalking and Restraining Orders Medford
Ask About Getting A Retraining or Stalking Order
A restraining order is a protective order issued by a state court that requires one person to stop harming or threatening another. Family Abuse Protective Orders can only be issued between certain family or household members and require a special relationship. That special relationship is not required when one seeks to obtain a stalking order.
A restraining order can require the person who is hurting and/or scaring you to leave your home and to leave your children alone. The judge can also make other protective orders in a restraining order.
To get a restraining order, the victim, can file a petition and present it to a judge without the other person being present. Sometimes a judge will swear you in and ask you questions about the information you put in the restraining order. Once the judge signs the order, it has to be served on the other party.
The other party has a right to a hearing on the restraining order and contest it.
Although restraining orders provide powerful protection to victims of violence and abuse, they are often misused to get the upper hand in a pending custody case. If the claim of abuse is unjustified, a judge will dismiss the restraining order after a full hearing. It can be best to have an attorney with you at a restraining order hearing in order to fully present your side of the situation.
How to Attain a FAPA Order
To get a FAPA, you will need to show that you have been the victim of abuse in the last 180 days, or that the abuser intentionally or recklessly placed you in fear of serious harm or tried to cause you serious bodily harm. You can only get a FAPA against someone who is a spouse, a former spouse, an adult person related to you by blood, marriage, or adoption, someone who has lived with you or someone with whom you have been sexually active in the past two years preceding the request for the FAPA.
FAPAs are serious matters. You should only request one if you are truly afraid of someone who has abused you or may abuse you. Once that person is served with your FAPA order, he or she can request a hearing on it and seek to get it dismissed. A restraining order lasts for one year, however, you can request it be renewed so long as you make the request before it expires. The abuser can request a hearing if you ask for a renewal.
Stalking orders differ from FAPA restraining orders because they can be ordered against anyone who is stalking you. You might be able to get a stalking order if you can show two or more unwanted contacts. You can get a stalking order against someone who for example is following you, scaring you, hurting you or threatening you.
What is a Special Restraining Order?
If you are 65 years old or older, or someone with a disability, you might be able to get a special restraining order if you have been a victim of abuse and in immediate danger of further abuse. No special relationship need be shown between you and the abuser.