Conflicts between neighbors can get very heated to an extent that you end up filing restraining orders against each other. However, can a restraining order force someone to move? Below we discuss this issue in detail.
Table of Contents
What is a restraining order?
A restraining order also known as a protective order is a temporary court order that is issued in order to prevent specific persons known as the “protected party” from abuse or harassment from another person who in this case is referred to as the “restrained person”.
Can a restraining order force someone to move?
Restraining orders have different clauses so if you file a restraining order against someone it doesn’t automatically force them to move. Restraining orders clearly state the distance that the offender has to keep away from you. If they breach that rule, then they can end up in jail. If you file a restraining order against your neighbor, the distance between your house and theirs can prevent them from moving however, if you file a restraining order for someone in your house then in that case that person might have to move somewhere else. Therefore, restraining orders can or cannot force someone to move depending on the situation.
Types of restraining orders
As specified above, restraining orders have different clauses which actually means that there are different types of restraining orders. For starters, there is the domestic violence restraining order which is commonly issued out to spouses or relatives that are harassing a family member in their own home. Secondly, there is the civil harassment restraining order which is commonly issued out to perpetrators of civil violence this consists of sexual assault, stalking, abuse etc. There is also the workplace violence restraining order and the elder or dependent adult abuse restraining order. So if you would like to file a restraining order against someone, there are actually plenty of options to choose from.
Can a restraining order against a neighbor force them to move?
The answer to this is dependent on the distance that is stipulated in the restraining order. If the distance stated is longer than the distance between you and your neighbor then it definitely means that your neighbor will have to move to another place until the order is lifted.
How to get a restraining order against a neighbor
Conflicts amongst neighbors are a common thing however, if it is getting out of hand and you really feel like you are being harassed then the best option is to file a restraining order. In order to do this you have to engage a lawyer who will advise you on the necessary steps which you should take. Usually there are forms which you are required to fill out before the restraining order can be processed.
Can someone file a restraining order without proof?
Unfortunately you cannot file a restraining order without any proof. This is because a restraining order is a serious court order that can affect someone’s reputation for the rest of their lives which is why it is necessary to have evidence. Some of the evidence you can carry with you include pictures, video recordings or even audio recordings so that the judge can really see that you are serious and you have been violated.
Can I text someone if I have a restraining order against them?
No, you cannot text someone if you have a restraining order against them. The reason why you placed a restraining order against that person is obviously because you wanted nothing to do with them. If you start texting them you could be in a way violating the restraining order and the text messages can be used against you in the court of law. Therefore, its important best to avoid texting someone that you have a restraining order against.
How long does a restraining order usually last?
Restraining orders usually last no longer than 5 years but, most restraining orders are usually numbered in months if the facts justify. It is important to note that the protected party can always extend the period of a restraining order if they still feel threatened.
What happens if a person violates a restraining order?
If a person violates a restraining order they can be arrested and they actually have a greater chance of being in jail for a long period of time. Therefore, if your neighbor or anyone gives you a restraining order just try to comply with it or else you could end up in jail.
What to do if someone is trying to get a restraining order against me?
If the temporary restraining order has been granted by the court then the best way is to follow the rules on that paper. The temporary restraining order will indicate a hearing date for the permanent restraining order and this is where you can defend yourself with the help of a lawyer. Finding a good lawyer is the key to winning such cases. Therefore, when someone files a temporary restraining order against you, try to find a good lawyer who will defend you and also compile evidence that proves that the matter is not as serious as it looks.
What happens if I get a restraining order against my neighbor?
If you get a restraining order against your neighbor, the chances are that they will stop harassing or abusing you. However, it is worth mentioning that it will ruin your relationship with your neighbor forever such that your neighbor might have to leave the neighborhood. While a restraining order is a good alternative of getting rid of a bad neighbor sometimes it can be an extreme measure. It’s best to try and talk things through with your neighbor before filing for a restraining order which can ultimately ruin your relationship.
Conclusion
Filing a restraining order is a good way of dealing with abuse or harassment however, the question of whether someone can move as a result of a restraining order is based on what the clause states in the order.
