A restraining order is a court-ordered restriction on a person or persons from contacting you. They can be permanent or temporary.
A restraining order can help protect you from a person who has violated your rights and caused harm to you. It can also prevent someone from coming near your home, workplace, or other relevant places.
1. You can’t be denied a lease
If you have a restraining order against someone and you want to move out of your apartment, you can’t do so without the court’s approval. You can file a Temporary Restraining Order with the court, and the judge will issue an order that forces your landlord to restore your utilities and allow you to stay in your apartment. You can also ask the court for money damages to cover your rent for the time it takes you to find another place to live.
If the court finds that you are a victim of abuse, the judge may give you an Order of Protection, which restricts your defendant from contacting you or coming within a certain distance of your home. This can apply to any person who has harassed you, threatened to hurt you, or made any other threatening actions.
When a restraining order is issued, it will appear in your criminal record and on a standard background check typically used by apartment rental agents or leasing companies to decide who is eligible for an apartment. It’s a good idea to have an attorney help you with the restraining order process, because it can be complex and there are many different ways in which the court could rule on your case.
2. You can’t be evicted
In a court of law, a restraining order is a formal legal order that stops a person from committing an act of domestic violence. It can be issued for a number of reasons, including to prevent someone from entering your home or from coming near you, or even to force a person from making contact with your children or threatening to harm them.
Restraining orders can be obtained from the police, prosecutors or even through a private lawyer in some instances. In criminal cases, the alleged victim or a prosecutor who files charges can petition a court to place a temporary restraining order on you. In addition, a permanent restraining order may be imposed on you if the court convicts you of a crime.
In a non-criminal case, you may be able to obtain a restraining order if you are a victim of abuse or if your landlord is trying to evict you. These orders can be effective in preventing an alleged victim from restraining your behavior, but they also have the potential to cost you money and time if your abuser breaks the order or fails to comply with it. The best way to learn more about restraining orders is to talk to an experienced lawyer who is well-versed in these legal mechanisms.
3. You can’t be excluded from the building
A restraining order is a court order issued to protect you from someone who may be physically, emotionally, or sexually abusing you. These orders are usually issued against family members or intimate partners, such as a sibling, boy or girl, spouse, parent, adult offspring, or partner from a one-night stand.
Typically, the person who violates the restraining order can be arrested by the police and charged with a crime for violation of an Order of Protection or other criminal charge. This can show up in a criminal background check or on a standard background check conducted by landlords and leasing agents.
If you’re the plaintiff in a restraining order, it’s a good idea to notify your school as soon as possible. Schools are required to comply with any civil or criminal court orders, including restraining orders, and they have the responsibility of keeping you safe while at school. If the defendant is a student in your school, you may be able to request that he/she be removed from your classes. A lawyer can help you navigate these matters.
4. You can’t be fired
A restraining order is a legal document that can restrict someone from contacting you or being in your presence. They’re especially helpful if you’ve been the victim of domestic violence, child abuse or sexual assault. They may even be able to stop someone from coming near your children, and in some jurisdictions they can make decisions about custody or visitation.
Violating a restraining order is usually a criminal violation that shows up on a criminal background check and can prevent you from getting an apartment. You can get a restraining order by requesting one from the court in your state. There are also some online services that allow you to file a temporary restraining order. For example, the interactive interview in the MassAccess tool lets you fill out a TRO for free on your smart phone or computer. It’s a good idea to speak with an experienced attorney to find out what sort of restraining order is right for you.