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Why do some people issue restraining orders?

On Behalf of | Apr 14, 2023 | Criminal Law

If a person feels threatened in some way, they might issue a restraining order. A restraining order — sometimes called an order of protection or protective order — is a tool that victims use to protect themselves from perpetrators. It orders abusers to stay away from their victims for a certain period of time.

Per Hawaii Protective Orders Laws, a temporary restraining order lasts up to 180 days, and the time length of a protective order varies depending on individual situations. If someone violates a restraining order, they could receive anything ranging from mandated counseling to 2 to 30 days of jail time and a fine of $150-$1,000.

Below are common reasons why some individuals issue restraining orders:

Domestic violence

Many families and individuals request an order of protection because they or their loved ones are suffering from physical, emotional and/or psychological abuse. While domestic violence usually exists in the context of committed relationships, it also occurs among family members or roommates. So, a person might also protect themselves or vulnerable people from a toxic relative or housemate.

Hidden or depleting marital assets

When going through a separation, some people fear their exes are keeping funds or estates secret to avoid sharing them. Therefore, they issue a restraining order until a court appropriately distributes them per Hawaii Marital Property Laws.

Divorce procedure

Though some divorcing spouses can handle marriage dissolution amicably, others might take it as an attack and react in hostile or violent ways. Someone might issue a protective order to shield themselves from their ex’s anger to guard their well-being.

While there are valid reasons for issuing restraining orders, some people do it to make another person look bad to gain the upper hand in the situation. If you have a restraining order against you from a vindictive spouse or family member, you may need to seek legal guidance for assistance.