Restraining orders are legal documents that inform a person of a legal restraint that has been placed on their actions regarding another person or situation. Restraining orders are a response to the breaking of an injunction, which is a preliminary document. In the UK though, just breaking the injunction might be enough for criminal charges to be levied.
The first step of the restraining order process is to get an injunction. An injunction is a legal document that specifies what behaviour another person in a given situation can and can't do. For instance, a non-molestation injunction states that a person cannot act in a threatening or intimidating manner towards the holder. It also states that any harassment must cease. An occupation injunction states who can be in a certain home, and it's often given out in situations in which a couple is dealing with domestic abuse issues.
In order for the court to take out a restraining order, a previously put in place injunction must be broken, or a crime must be committed. For instance, if a person got a non-molestation injunction against his ex-significant other, and she broke that injunction by threatening him or his children, a restraining order may be taken out against her. In a different scenario, the ex-girlfriend might assault her former significant other with a deadly weapon such as a knife or gun, which is a crime. Once this crime is reported and logged, the court can issue a restraining order. In the UK, breaking an injunction is considered to be a criminal offence as well.
In a restraining order, the sort of behaviour that an injunction warns people not to participate in is made even more stringent, and a restraining order often states how many yards the restrained person must stay away from the person who got the order. Violating a restraining order is also considered to be a criminal offence, and any crimes that you commit while violating the restraining order are given even more damning circumstances, and are viewed through the worst possible legal lens.
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