One type of restraining order that comes into effect usually at the end of a criminal case is what is known as a Standing Criminal Restraining Order. In addition, courts issue these orders in certain criminal cases to protect crime victims from future harm. These are lifetime orders and remain in effect until further order of the court. This type of order is usually issued when dealing with serious criminal cases.
The restraining orders may, among other things, prohibit the offender from restraining, threatening, harassing, assaulting, molesting, sexually assaulting, or attacking the victim, or entering the victim’s home. Also, the criminal cases covered are those involving the commission of, or attempt or conspiracy to commit:
- First and second degree assault.
- First and second degree assault of an aged, blind, disabled, pregnant, or mentally handicapped person.
- Second degree assault with a firearm.
- Second degree assault with a firearm of an aged, blind, disabled, pregnant, or mentally handicapped person.
- First, second, and third degree sexual assault.
- Aggravated first degree sexual assault.
- Third degree sexual assault with a firearm.
- Sexual assault in a spousal or cohabitating relationship.
- First or second degree harassment.
- A family violence crime.
- Criminal violation of a protective order, restraining order or, standing criminal restraining order.
The court must find the following:
- The victim is a member of the offender’s family or household member.
- In addition, the order will best serve the victim and public’s interest given the history, character, nature, and circumstances of the crime.
Standing criminal restraining orders are effective until the court modifies or revokes them.
If you think that you have a restraining order against you that does not have merit, you can contact our office for assistance. We can work with you to make the transition that your family is going through easier for you. We can also try to have the restraining order dropped by proving that it is unnecessary. If you have questions, we are happy to help.