How can I get a command to restraint against someone?
The actual process of getting a limitation command may vary significantly from jurisdiction to jurisdiction, but there are several common rules and procedures to be followed. In terms of the nature and extent of a typical order to limit, there are basically two different schools. One is considered to be protection against harassment, while the other is considered a protection order. The differences between these two may be confusing, so many experts suggest consultations with a legal lawyer before searching for a restriction order.
If you believe that you are in the immediate risk of bodily harm from someone you know, the first step may be to call 911 or anything that is your local emergency number in criminal proceedings. The responsible officer can guide you through the process of obtaining the order to restrict, even if the delay may be delay before the order can be legally enforced. If you can get to the shelter for domestic violence, the defense person should know the right procedure to get the order to restrictedand.
Generally, obtaining a temporary restriction begins with a claim in a local courthouse. The judicial official should provide you with some forms to fill in, which basically provides your court your complete identification, contact information and a detailed report on the incident that made you take action. The official can also apply for any confirmation evidence of harassment, threats or bodily harm. You will want to bring photos of injuries, copies threatening communication or official incident reports. Be sure to provide as much contact information about the perpetrator as you can.
As soon as you fill in the required forms and provide evidence to the official, the judge will consider your proposal to restrict order as soon as its schedule allows. If the judge is convinced that the restriction of the order is required immediately, the temporary order will issue a restriction entitled ex parte restrictive order. ThisThe type of command to limit is generally valid for a short period of time, usually about two weeks. The court should provide the date of hearing, in which the order to restrict could be extended for two years, depending on local laws.
obtaining an order to restrict the judge is only the beginning of the process. Marshal or Authorized Representatives must submit to the perpetrator a copy of the order to limit before the conditions can be enforced. If the offender should return before a duly delivered order, the restriction command may be considered invalid. Quite often, however, coercive officers will wait in the complainant's house to deliver a restriction order. Otherwise, the Marshal delivers the command to restrictions to the contact address specified on the forms. The complainant will be contacted by the order restriction has been properly delivered.
In fact, a restriction order is a legal matter between the judge and the perpetrator, not between the two parties. If the perpetrator violates the conditions of a limiting order, even in the least case, the complainant has PR PRÁvo to require legal protection. The perpetrator is usually forbidden to communicate with the complainant or appear at a specified distance from the house or complainant's workplace. If you have other family members who may feel threatened by the perpetrator, you may need to perform a separate command to limit each.