Divorce and Domestic Violence: Temporary Restraining Order and Restraining Order after Hearing

It is important to have knowledge of the term ofrestraining order you may be able to get it the same
retraining order. A restraining order can also beday. The restraining order can remain in effect until
referred to as a protective order in some states andthe scheduled hearing on the Order to Show Cause.
generally refers to a legal order issued by a courtDepending on your area, the Order to Show Cause
protecting a victim of domestic violence or domestichearing may be scheduled to take place
abuse from the activities of an abusive person. Aapproximately 2-3 weeks after the issuance of the
retraining order may include that the abuser is notrestraining order.
allowed to have any form of contact or disturb byEventually, a more permanent restraining order can
any means the peace of the protected person.be issued according the evidence presented during
Following the order, the aggressor in some casesthe hearing. In order to get a more permanent
may need to move out of the family residencerestraining order, the victim does not necessarily
shared with the protected person and stay at leastneed to show that the abuser exerted deadly force
100 yards away from the protected person at alland domestic violence as domestic violence takes on
times.many shapes. Whether the abuse was physical or
What is the difference a temporary order and anemotional it can carry the same importance before a
order after hearing? Although there may be othercourt. A retraining order after hearing can order the
differences, one difference is that a temporaryoffender from engaging in certain acts and from
restraining order many times follows an Ex Partebeing in certain places at the same time with the
appearance. In other words, the temporaryprotected person. However, one of the main
restraining order was issued by one party, the victimdifferences between a temporary restraining order
of domestic violence, while the other party, theand a permanent restraining order is that a
aggressor, was absent. The temporary restrainingpermanent restraining order can be effective for a
order may have been given to immediately restrainlong period of time and even for several years in
the conduct of the abuser from his/her activitiescertain cases. In some instances, a protected person
over the victim. The temporary restraining order maymay be able to renew the order for an additional
include some or all of the elements cited before. Theperiod of time or apply to make it permanent.
abuser may be served with an Order to Show CauseIf you are seeking a temporary restraining order or
or OSC along with the temporary restraining order.permanent restraining order you would be wise to
The Order to Show Cause or OSC would inform theconsult an attorney in your area to help you learn
abuser that a hearing will be held to determine if awhere you stand legally and what the laws are in
permanent restraining order should or should not beyour particular area in regards to temporary
issued.restraining orders, permanent restraining orders, Ex
In some instances, if you request a temporaryParte hearings, and domestic violence.