A restraining order is a document that protects a person or organization from harassment, violence, or assault. Restraining orders are personalized to each specific situation they are issued in. They can instruct an individual that they must cease abuse or harassment, stay a certain distance away from, and cease all contact with the person who has the order.
In cases where one spouse is seeking a restraining order on the other, there can be clauses that clarify who is able to use and live in marital property. Restraining orders against a spouse are sometimes called de facto divorce.
If you have a restraining order against you, you have not been charged with a crime. Therefore, it is much easier to prove that you need a restraining order than it is to prove a crime has taken place. A restraining order provides reasonable boundaries and, if broken, can help establish evidence of harassment or abuse.
For example, it’s not illegal for one spouse to call another and leave 200 messages on their voice mail or through text messaging. But that might be grounds for a restraining order specifying no contact. If the partner with a restraining order against them continues the excessive contact, now a court order has been broken and the groundwork is laid for harassment charges.
A Columbia, Maryland family law attorney can provide more information about restraining orders.