Feinberg & Waller, APC
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How Can I Protect Myself with Restraining Orders

Are you afraid of your ex? Do you worry that you are being followed or your spouse is looking to attack you in the wake of a break-up? If so, you should consider a restraining order. A restraining order is a legal device that offers protection against threatening spouses and anyone else whose presence you may find threatening. I

f you decide to pursue a restraining order, the first step is determining what type of order will best solve your problem. Two of the main types are domestic violence restraining orders and civil harassment restraining orders. A restraining order based around domestic violence is specifically designed for people like you, who may be suffering from an ex who refuses to take no for an answer. The order can also help those who suffer abuse from relatives.

For others who may not be in either of these situations, protection can still be obtained by way of a civil harassment restraining order. This kind of restraining order keeps non-related individuals at bay. It is the kind of restraining order that is referred to on the news when you hear that a given celebrity has filed for protection against a stalker.

Once you decide on the type of order that best fits your situation, you will then have to set a period of time during which you want to keep the specific individual away from you. The exact length of time is something you must decide for yourself and. Of course, then up to whatever the judge decides. You might choose a temporary restraining order, if you believe that your crazy ex-boyfriend or ex-spouse just needs to be "scared straight." Temporary orders are generally easier to obtain by filing with your local Superior Court.

If, however, you believe that your ex is likely to pose a threat for an extended period of time, you can seek a "permanent" restraining order (in this context "permanent" typically translates out to one, three of five years in duration). Be aware, though, that having the court grant for a permanent restraining order is a far more difficult task than merely filing for a temporary order. In addition, there is nothing "permanent" about the order. The provisions of a permanent restraining order can last for up to five years, but usually only go for three. After that point, you may then have to file for extension of your order. That said, if you need protection from harassment and the fear that it inevitably brings, a restraining order is your best bet.

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William A. Feinberg 1928 - 2001

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