WEBVTT - What is a restraining order, and how do you get one?

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<v Speaker 1>Welcome to Brainstuff from how Stuff Works dot com where

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<v Speaker 1>smart Happens. Hi, I'm Marshall Brain with today's question, what

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<v Speaker 1>is a restraining order and how do you get one?

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<v Speaker 1>In the past few days, the words restraining order have

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<v Speaker 1>popped into the news several times. In one story, actor

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<v Speaker 1>Edward Furlong, most recently of green Hornet fame, was taken

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<v Speaker 1>to jail for violating a restraining order. A college basketball

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<v Speaker 1>player is facing possible jail time for violating his restraining order.

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<v Speaker 1>As well his crime, he put a post on Facebook.

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<v Speaker 1>You wouldn't think that a Facebook post would be something

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<v Speaker 1>that could get you in jail, but in the world

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<v Speaker 1>of restraining orders, it can actually be a serious offense.

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<v Speaker 1>So let's look at how these things work. Imagine that

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<v Speaker 1>you're in a relationship with someone. It might be a

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<v Speaker 1>romantic relationship and employment relationship, a rental relationship, a neighborly relationship,

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<v Speaker 1>or whatever, but the two of you have a falling out.

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<v Speaker 1>In most cases, the two parties go their separate ways

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<v Speaker 1>and that's the end of it. But sometimes, for whatever reason,

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<v Speaker 1>one of the parties will not let go or will

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<v Speaker 1>start a campaign of harassment. It is in these situations

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<v Speaker 1>that restraining orders come into play. Sometimes there's not even

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<v Speaker 1>a relationship involved. A celebrity might feel threatened by the

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<v Speaker 1>behavior of a member of the paparazzi, or a public

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<v Speaker 1>official might be worried about someone who begins stocking him.

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<v Speaker 1>Restraining orders can also be helpful in these situations. Involving strangers,

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<v Speaker 1>a restraining order is a legal document, usually issued by

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<v Speaker 1>a court that tells one person to stay away from

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<v Speaker 1>another person or entity. The orders come in different flavors,

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<v Speaker 1>depending on the court and the situation. A restraining order

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<v Speaker 1>might specify a specific distance that one person must keep

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<v Speaker 1>away from another, or a restraining order might specify that

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<v Speaker 1>all forms of contact or forbidden. This is how a

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<v Speaker 1>Facebook post can actually become a crime. A restraining order

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<v Speaker 1>might also go so far as to require the restrained

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<v Speaker 1>party to take a class or surrender guns and ammunition.

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<v Speaker 1>The most common reason for getting a restraining order involves

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<v Speaker 1>some sort of domestic dispute. It's thought that more than

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<v Speaker 1>a million restraining orders of this type are issued in

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<v Speaker 1>the United States each year. A person who has been

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<v Speaker 1>the recipient of domestic violence or some other unwelcome behavior

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<v Speaker 1>files a request for a restraining order. Typically, this is

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<v Speaker 1>done by going to the court house, filling out forms

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<v Speaker 1>and paying a filing fee. What happens next varies from

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<v Speaker 1>state to state. The filer may be issued what's called

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<v Speaker 1>a temporary restraining order and then a hearing day to

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<v Speaker 1>set in court so that a judge can decide if

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<v Speaker 1>a permanent restraining order is appropriate. A permanent restraining order

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<v Speaker 1>will have a term like one or two years. In

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<v Speaker 1>North Carolina, where I live. The two most common types

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<v Speaker 1>of restraining orders are the domestic violence protective order and

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<v Speaker 1>the civil no contact order. The former applies to family

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<v Speaker 1>and relationship situations, in the latter to most other issues.

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<v Speaker 1>So for example, if you and your spouse getting an

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<v Speaker 1>argument and your spouse starts beating you, a domestic violence

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<v Speaker 1>protective order would protect you from further violence. On the

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<v Speaker 1>other hand, if a coworker is intimidating you or assaults you,

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<v Speaker 1>a civil no contact order may be appropriate. Once you

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<v Speaker 1>have a restraining order, the question of enforcement becomes important.

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<v Speaker 1>A restraining order is enforced by calling the authorities when

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<v Speaker 1>the order is violated. States vary in their response, but

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<v Speaker 1>in many cases, a person who intentionally violates a restraining

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<v Speaker 1>order will be arrested, as seen in the case of

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<v Speaker 1>the rogue Facebook post. Even seemingly small violations an email

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<v Speaker 1>or a Facebook message, or send anything similar to that

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<v Speaker 1>can have serious repercussions when they violate a court issued

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<v Speaker 1>restraining order. Therefore, if you are the one being restrained

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<v Speaker 1>by a restraining order, the only rational response is to

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<v Speaker 1>make sure you follow the court's instructions in that order

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<v Speaker 1>to the letter. Be sure to check out our new

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