What is a restraining order?
A restraining order is a court order issued by a Delaware court to protect an individual from harm or harassment. It is a type of civil procedure, meaning it is civil law rather than criminal law. A restraining order is typically issued by a judge upon the request of another individual. This individual must demonstrate to the court that the defendant has caused or is likely to cause them injury, harmed them in some way, or is engaging in conduct that is intended to annoy or harass them. Once the restraining order is in place, the defendant is legally prohibited from engaging in any further contact or conduct that could harm, threaten, or frighten the protected individual. The effects of a restraining order are wide-reaching, as they can prevent the defendant from coming within a certain distance of the protected individual’s home, place of work, school, or any other designated area. In some cases, the individual under the order may also be prohibited from possessing firearms. It is important to note that violating a restraining order is a criminal offense, and penalties may include fines and/or jail time. It is important to understand that a restraining order is meant to act as a preventative measure and not as a punishment. It is designed to provide protection and security for the individual who is the subject of the order and to ensure that the defendant does not further harm the protected individual.
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