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What Are the Different Types of Restraining Order Forms?

An emergency restraining order may be filed to quickly prohibit contact between the accuser and the accused.
A judge will determine the length of time that a restraining order is to be active.
A restraining order may prohibit phone calls between two people.
Article Details
  • Written By: Florence J. Tipton
  • Edited By: John Allen
  • Last Modified Date: 28 July 2014
  • Copyright Protected:
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    Conjecture Corporation
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Restraining order forms are formal complaints filed against a person or entity accused of unwanted, inappropriate behavior. Ultimately, restraining order forms are processed to provide legal protection against continued inappropriate behavior by the accused. A temporary restraining order form is usually completed to request a short-term order from the court prohibiting contact until a hearing date. Similarly, an emergency restraining order form may prohibit contact between the accuser and the accused immediately until each appears before the judge. The permanent restraining order form is just that — a request to cease all contact with the accused for the duration of the order.

Standard information on restraining order forms is essentially the same, whether the order is temporary, an emergency, or permanent. To file a formal complaint, the form must include the names of the accuser and the accused. A full description of the incident that prompted the need to seek a restraining order is also included on the restraining order form.

Generally, the accuser must file the complaint with the legal authority responsible for processing restraining orders. This filing becomes an official, legal recognition by the authority that unwanted behavior occurred between the accused and accuser. Once restraining order forms are completed, the legal authority will issue a ruling to validate the claim.

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For a temporary restraining order, the form is usually submitted to the local court system. In most cases, a judge will review the case based on the information on the form. Upon acceptance, the judge may grant the order on a short term basis. Typically, the court issues a legal injunction — an order requiring the accused to cease any form of contact with the accuser — until the court date.

Emergency restraining order forms are used to provide immediate protection from behavior that is unwanted and inappropriate. A law enforcement official could make the request to the judge on behalf of the accuser. The purpose of this process is to provide the accuser enough time to complete a formal request.

Though similar in purpose, there is a slight difference between a temporary and emergency restraining order. The judge may grant a temporary restraining order several days after an incident occurs. Conversely, the emergency restraining order may take effect on the same day the judge receives the request from law enforcement.

The permanent restraining order form is typically submitted during the court appearance for the temporary order. During the court hearing, the accuser makes a formal request for the judge to grant permanent restrictions on unwanted contact. Information in this request might include more supporting facts about the unwanted behavior.

As part of the formal request restricting permanent contact, the judge decides how long the restraining order is active. Sometimes, the judge issues the permanent restraining order for several years. Depending on the circumstances that led to the permanent request, a judge can renew the same order after it expires.

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