It’s great to be in love, but what happens if and when that love goes bad? Some couples can break up and get on with their individual lives quite happily. Other can’t seem to let go, and some even cause trouble for their former mate. If you were given a legal restraining order, you may be wondering how to have it removed.
What is a restraining order?
Also known as a victim protection order, a restraining order is issued by a judge and may be used in both criminal and non-criminal situations. For instance, a property owner may be served with a restraining order to stop them from doing certain things on their property. Parties in a civil lawsuit may be served with restraining orders that direct them to leave one another alone. In a civil context, a restraining order may also be called a ‘temporary injunction.’
A restraining order in criminal context may be issued to protect against an abusive ex. Stalkers and harassers may also be forced to cease contact by way of a legal restraining order of protection. In most states, a restraining order is limited to a specific period of time.
If you have been served with a victim protective order, stay away from the petitioner and don’t contact them in any way. This means phone calls, text messages, Facebook posts, snail-mail letters, and every other form of written or spoken communication. Consult with a criminal defense attorney as soon as you can and find out what your legal options are. You may be able to have the order removed. If not, you may be able to have your legal records sealed or erased at some time in the future.
Who may obtain a restraining order?
Anyone who’s been harassed may request an order of restraint against another individual, a group of individuals, or even an organization. In the case of a minor, an adult guardian or parent may request the restraining order on the minor’s behalf. Once the order is approved by a judge, the order legally bars the one restrained from contacting, bothering, or even coming near the one being protected, explains Black’s Law Dictionary. If a judge denies a request for a restraining order, they must explain the reason or reasons for their denial, according to SF Gate.
In July, former stripper Angela Renée White, known professionally as Blac Chyna, secured a temporary restraining order against her erstwhile fiance, Rob Kardashian. The order which expires on August 8 was granted after Kardashian posted several explicit photos of Ms. White on his Instagram account, explains Huffington Post.
Grounds for a restraining order
To get a restraining order against an individual, the person requesting is typically required to convince the court that the order is necessary to prevent imminent harm. A sworn statement of alleged facts may be required, especially in cases of domestic abuse. If physical danger seems likely to occur, a judge may grant a temporary restraining order immediately. Within days, the defendant will receive notice, and the judge may grant a permanent order if the plaintiff proves the veracity of their allegations at a special hearing. Stalking in real life or online, sexual assault, and other troubling circumstances may be enough to warrant an order or restraint.
A valid restraining order filed for real reasons can provide protection for victims and families. An order filed for purposes of revenge can wreck lives. Unfortunately, some people file bogus orders in order to hurt their former partner. If you have had a protective order wrongly filed against you, you’ll want to know how to have that blemish removed.
Can a restraining order be removed from your record?
Most permanent restraining orders may be appealed. With a restraining order on your record, it may be difficult to get a good job. It can jeopardize your rights and give you the appearance of being a predator. A restraining order can suspend your rights to own a firearm. Fortunately, Oklahoma law provides for the expungement, or erasure, of a restraining order from your legal record. A restraining order may be erased from your record, but the process is complicated and best managed by a Tulsa criminal attorney.
If your relationship issues have abated and you want to get on with your life without the stigma of having a restraining order on your record, you may be able to get it erased, or ‘expunged’ from your permanent file.
Harrison Nolan works at a busy law firm where his thirst for knowledge is constantly met. He enjoys sharing his findings in his articles which are written to inform the public on matters of the law.