Please explain thoroughly what a "Restraint Order" is &?

Question

how this works in adoption and/or against a birth mother.Thank you & long answers welcome.

Answer 1

A Restraint Order is a court order that may restrict contact between people or impose conditions on their behavior. The person who applies for the restraint order is known as the Applicant and the person who is to be restrained is known as the Respondent.

Restraint orders are usually made where a magistrate determines that there is a risk of continued physical violence, threatening behavior, damage to property, trespass, etc.

I think  "just reality’s” answer made it very clear about a restraint order. It is always so nice to see when people give a lot of information with their answer.

Answer 2

I'm not sure I'm understanding the question properly, sorry

Sealed Birth records are effectively a restraining order placed upon adoptees and birth families without due cause

Sealed records are a travesty

Answer 3

I have a restraining order against my ex husband.  It also includes the 2 children we had together.

To get one I had to go to court while we were dealing with custody and prove to the judge why we should have one, especially where the children were involved, and we were asking them to be included in it. For me it wasn't hard to get one because of his long criminal record of abuse towards us. Mine is permanent.

Mine is also specifically worded so that it branches out to include anyone that my children may be with. My lawyer thought that this was VERY important. In other words, should my neighbour take my children to the park, she now has a restraining order against him while the children are with her. Since this seems to be with a birthmother, should you be granted the order I would specifically ask for this time of wording too.

Please remember once you have the order it's very important to file one at your child's school (it's marked on both the kids file's that its a "call police immediatly" situation, file one with the police department in your city & carry one with you at all times. I keep mine in the zippered linning of my purse so it's always there yet not mingling around with loose receipts etc at the bottom of my purse.

As I said mine is a permanent order,(meaning we would have to appear before a judge to have it over turned) but I've heard that some can last for a year or 5 years.

Please remember though that it's only a piece of paper. It's your job and responsibility to protect your child and be a little more consious of things while still allowing them to enjoy their childhood. Also, keep in mind in someone is extremly violent, even the best police officer can't travel faster than a bullet to ensure safety.

****** I'm so sorry I shouldve told you that ours says that he is prohibited from molesting, annoying, harrasing us, entering any place where we may dwell either permanently (our home) or any place we may be (including school, work, etc) He is prohibited from contacting us by any means, verbally, orally, written or by third party (meaning he cannot pass a message say through his mother to me)He is prohibited from residing within a 50 mile radius of us ( meaning should he basically try to even move into the same city I live he can be arrested) Mine was a very extreme case where his crimes against my children and I landed him over 4 years in a penitentary.

Answer 4

I'm assuming that this question is in response to the answers you received to your question about writing a letter.  I will answer in those terms.  A restraining order in a situation you are discussing would be granted by a court if person #1 could show cause that person #2 is a danger to person #1.  It is normally not granted if the court does not  believe person #2 is truly a danger.

eta:

Because we enjoy free association is our society, sending a letter would not be grounds for seeking an order of restraint.  If the adoptive parents ask the birth parents to make no further contact with their family, but the birth parent continues to do so, the adoptive family can ask for an order based on harassment, which can be considered a danger since requested physical boundaries are not being respected.  

Considering the great lengths to which you are going to be certain you will not do anything wrong in this case, I don't see that you and your wife would even consider engaging in harassment.  It sounds like you just want to send one letter, and hope that the adoptive parents will support contact.  

This is not grounds for an order of restraint.  As the first answerer stated, harassment is based on repeated actions that go against the requests of another person.

Answer 5

A restraining order is an official command issued by a court to refrain from certain activity. Restraining orders are sought by plaintiffs in a wide variety of instances for the same reason: the plaintiff wishes to prevent the defendant from doing something that he or she has threatened. Restraining orders are used in a variety of contexts, including employment disputes, Copyright infringement, and cases of harassment, domestic abuse, and Stalking. All restraining orders begin with an application to the court, which decides the merits of the request by using a traditional test. Limited in their duration and effect, restraining orders are distinguished from the more lasting form of court intervention called an injunction. Generally they are sought as a form of immediate relief while a plaintiff pursues a permanent injunction.

A court submits a request for a restraining order to one of several tests. These tests vary slightly across different jurisdictions, but generally they involve the analysis of four separate factors: (1) whether the moving party will suffer irreparable injury if the relief is not granted; (2) whether the moving party is likely to succeed on the merits of the case; (3) whether the opposing party will be harmed more than the moving party is helped; and (4) whether granting the relief is in the public interest.

Usually, restraining orders are not permanent. They exist because of the need for immediate relief: the plaintiff requires fast action from the court to prevent injury. Seeking a permanent injunction can take months or years because it involves a full hearing, but the process of obtaining a restraining order can take a matter of days or weeks. For even faster

relief, moving parties can seek a Temporary Restraining Order (TRO). These are often issued ex parte, meaning that only the moving party is present in court. The TRO usually lasts only until an injunctive hearing involving both parties can be held.

Harassment of an individual can result in a permanent restraining order. This command of the court is also called a protective order. All states permit individuals to seek a restraining order when they are subjected to harassment by another individual or organization, typically involving behavior such as repeated, intrusive, and unwanted acts. Application for such an order usually is made to the district court. If granted, it prohibits the party named from initiating any contact with the protected party. In the 1990s most states passed anti-stalking laws designed to protect women from criminal harassment by men. These laws generally require that a plaintiff first secure a restraining order before criminal charges can be filed.