Justified Reasons for a Restraining Order
Restraining orders are established to protect you from serious harm, not for fun and games or out of retaliation. This is why restraining orders require justifiable reasons to be ordered, such as proof of threats and physical or emotional abuse.
Generally victims under 18 must have a family member or an adult 25 years or older get the restraining order for them, but some allow a 16 year old that has been married or have a child with the accused individual to file for a restraining order.
Domestic violence is not taken lightly. If you or your children are victims of domestic violence, the law is here to protect you. A restraining order for domestic violence is justifiable, and may be obtained at any time, especially when the accuser has been arrested for assaulting you. Proof is not needed at the time you apply for the restraining order. When the accuser is served, he is given a court date at which he may plead his case and object to the restraining order. Until the court date, he may not come within contact of you, your home, work or any other place you are in until the courts rule otherwise.
Threats and Harassment
Being harassed or threatened are justifiable grounds for a restraining order. Having evidence against the person you wish to keep restrained comes in handy when applying for a restraining order. If your girlfriend has threatened physical harm to you through the telephone, on your voicemail, through letters or in a text message, this typically holds up in court. These threats and abuse should have taken place prior to you seeking the restraining order, so it holds up in court. If the accused individual continues to threaten you after the restraining order has taken place, take all of the evidence to the police, and she may be arrested for violating the order.
If someone is constantly contacting you or following you around against your will, this is considered stalking. Stalking also exists on the Internet through e-mails or social networks. Being stalked is a justifiable reason for obtaining a restraining order. A stalker may go as far as to vandalise your property, or even put bugging devices in your home. According to the Privacy Rights Clearinghouse, 23 per cent of stalking victims suffered from cyber-stalking and six per cent of victims suffered from video surveillance, spyware or other electrical monitoring. All states (California being the first) now have anti-stalking laws. Courts order restraining orders to protect victims from further stalking, and potential fine and sentence the stalker to time in jail.