In cases where there is abuse in a relationship and it falls apart, a restraining order may be necessary. Family lawyers will advise you how to take out a restraining order against an abusive ex and what the advantages of it are. They can give you specific advice for your situation that will explain all the legal ramifications of any decisions you make.
A restraining order can be taken out if there is –
- Domestic violence
- Sexual assault
A couple don’t have to be married or in a de facto relationship for a restraining order to be taken out. The relationship may have ended, or it could be taken out against a parent on a child’s behalf.
Taking out a restraining order has several advantages: –
- It orders the abuser to stay away from your home, workplace or school.
- It can prohibit them from contacting you by email, phone, fax, notes or snail mail.
- In some cases it can prevent them from going to the same social places as you.
- If the person ignores the restraining order and you call the police, they will know to respond quickly because they realise the situation is more serious.
When a person has a restraining order taken out on them, they have to obey it or face the consequences, which can be a fine or gaol time. That said, if the person is out of control, they will often break the terms of the restraining order anyway, so it is vital to take care. Many women find moving away is a good protection, especially if they can ensure their ex never finds out where they are living.
In some cases, after a few years have passed the situation resolves itself, with the angry ex finding his or her anger abates as they become involved with another person or with other aspects of their life. Sometimes, just having a restraining order served on them makes them realise that they should change their behaviour and leave you alone.
It’s a good thing to have a legal professional to talk to about the matter before going ahead. They will be able to advise you on the best thing to do, but you are the one who has to make the final decision. You probably know the abuser better than anyone and are likely to understand more fully what they are capable of.
It’s important to get the kind of protection you need so that you and your children, if there are any, can live a life free of fear. And of course, it is important for you not to contact them at any time either. The restraining order will be served on them by the local police.