Filing an Injunction? Here’s What to Keep in Mind
Unfortunately, in life, sometimes restraining orders are a necessity. It will be the purpose of this page to tell you precisely what you should keep in mind when you are filing a restraining order so that you can ensure you do it for the right reasons and so that you can ensure you do it the right way. Restraining orders are becoming alarmingly common nowadays. Unfortunately, many people with restraining orders taken out against them are still attempting to contact their victims through social media, which means many of them are being held in contempt of court. This has become a lot more prevalent in recent years with the ease and availability of social media and how easy it is to stalk, follow, and harass someone on there.
In this article, we will, as already explained, tell you what to keep in mind when you are taking out a restraining order and tell you what you must do to take one out. Restraining orders are sometimes necessary. If you are being harassed and bothered by a person, then you too may want to consider taking one out.
So, you want to file an injunction against somebody? Here’s what you should keep in mind.
Contact the Police
Firstly, if you want to take a restraining order out against a person, you likely have good reason to do so [or you will need good reason]. If a person is harassing, bothering, stalking, or causing you distress, you will, first and foremost, want to contact the police. The process for acquiring a restraining order can be very long and drawn out – and can take months. Immediate action is required if you feel that a person is going out of their way to make you uncomfortable and to stalk or harass you. You must, however, not take these out for the wrong reason.
Phone the police and make an incident report of the person who is bothering you. If they take their threats and harassment to the next level – which is violence – then you must waste no time in calling the police and reporting the incident. Restraining orders are most often taken out against jilted former lovers or partners. But, because they are a former lover or partner, people can be reluctant to take a restraining order out and can actually let the person who is harassing them get away with it.
By ignoring a person who is harassing you and not taking immediate legal action, you allow them to continue to harass you and make your life hell. With people like that, if you give them an inch, they take a mile. By not stopping them from harassing you and not taking action, they will begin to think it is acceptable for them to behave inappropriately and in a distressing manner towards you. By not stopping them, there is always the chance that they will take their threats and verbal harassment to the next level, which can be violence.
Contacting an Attorney
If you are hoping to take a restraining order out against somebody, you will want to contact an attorney. If you want to know how to get an injunction, we’ll tell you: contact an attorney. A professional restraining order specialist will adequately advise you on the best solution according to your situation. Of course, every situation differs, which is why it is important to have a plan tailored to you. You should contact an attorney immediately so that you can have your case taken to court and have it progress through the courts quickly. The longer you take, the longer the delay.
Why Are Restraining Orders Taken Out?
Restraining orders are most commonly introduced to prevent a person from being hurt physically or emotionally abused. They are most commonly seen in cases of domestic abuse or violence. Restraining orders must be made against a person who is known to you and who is:
- A person you have had a personal relationship with and know very well, whether that be a boyfriend, husband, or friend;
- A family member who is causing trouble and will not leave you alone;
- A person who you live with or has lived with you and poses a significant threat to you.
However, restraining orders cannot be made against individuals that you do not know, are not familiar with, or who are acting under anonymity, such as a person making anonymous phone calls. However, with that said, you can have a restraining order taken out against a person you know who is making harassing and distressing phone calls. Restraining orders can protect against:
- A person trying to come into contact with you who you do not want to come into contact with you;
- Preventing a person from attending your property, place of work, or family home;
- Keeping a person a fixed distance away from you or a particular place so that they cannot bother you or harass you.
Breaching Restraining Orders
If you have taken a restraining order out against somebody, then it is important that they adhere to it. If a person does not adhere to a restraining order, they can find themselves in contempt of court, yield prison sentences, fines, or community service. Breaching a restraining order is a very serious offense and one that must not be taken lightly. If a person who you have taken a restraining order out against is defying the rules of the injunction, you must do the following:
- You must file for a motion to have the person held in contempt of court;
- If they continue to breach, harass, and bother you, you can phone the police, who should be able to take action;
- You can notify your solicitor.
It is important you do notify the authorities if someone has breached a restraining order, for if you do not, they may begin to think it is ok to breach their order and may continue to do so. With this page, we hope that you now know virtually everything it is for you to know about taking an injunction out against somebody. We hope that you understand the severity of it and how it is enforced. They are not to be taken lightly, so give them serious consideration and ensure the situation warrants it. Every year, many false and phony injunctions are taken out – do not do it yourself.
