Crime Victims Now Have Constitutional Rights

A Victim Rights Attorney Discusses Restraining Orders

April 29, 2015

A Victim Rights Attorney Discusses Restraining OrdersOne of the most important tasks that victims right attorneys can assist with is acquiring a restraining order for the victim. Restraining order laws set out guidelines regarding who is eligible for such an order, what circumstances call for such an order, and what type of protection they provide.

General Guidelines

In particular, victims right attorneys can discuss the protections that such orders provide. The most important protection is that it prevents an abuser from being in close proximity to the victim. Such orders often include restrictions regarding the distance that an abuser must be from the victim’s residence, place of work, and other locations. Additionally, a victims rights attorney can ask that the court order all other contact to cease. This often includes letters, electronic communications, phone calls, and other types of contact.

Financial Matters

In many cases, the victims rights attorney represents a client who is financially attached or dependent on the abuser. Restraining orders may include instructions regarding these financial entanglements. For example, the restraining order may order the abuser to continue to pay child support or to make mortgage or rent payments on the victim’s home that he or she previously shared with the abuser. Such orders may also instruct the abuser to pay medical expenses related to injuries that he or she has caused.

Other Provisions

Depending on the circumstances and the court that has jurisdiction of the restraining order, other provisions may be included in the restraining order. For example, the abuser may be required to turn over any guns or weapons that he or she has in possession. Additionally, the court may order the perpetrator to attend counseling sessions, enroll in a treatment program, or take periodic drug tests. If the abuser and victim have children together, the restraining order may also restrain the abuser from the children. The court may make a temporary custody decision to protect the children. Specifically, the court may include provisions related to the children, such as restricting the abuser from contacting the children directly, communicating with their healthcare providers, communicating with school or daycare personnel. These provisions may be included to provide greater protection to children who reside with the abused victim. If visitation is permitted to continue, the restraining order may include provisions related to supervised visitation or transportation methods so that the abuser and victim do not have to be in close proximity to each other.

Enforcement

If the abuser violates the restraining order, the victim can ask for the order to be enforced by the police or the court. The abuser may be arrested, or he or she may face contempt of court charges. Some violations can result in a criminal conviction. The victim may wish to contact a lawyer to help explore all options that are available.

Legal Assistance from a Victim Rights Attorney

If you would like to know more about restraining orders and how they may help you in your case, contact a victims rights attorney from the Law Office of Michael Fell by calling (877) 262-2430.