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National > Abuse of Older Adults > Restraining Orders:

How will the restraining order protect my aunt against her abusive son?

If her son should try to contact her or visit her in breach of the restraining order, she will be able to call the police to arrest him. Possession of the order, however, is not a guarantee of her safety and she should continue to exercise caution in her daily routine.

Once your aunt has obtained a restraining order, she must register it with the police. The police keep the order on their computer system, so that if the order is disobeyed they can act quickly. She should contact her local police to see if there are any particular requirements to register the order with them. For example, there might be a requirement to file a Statement of Description of the person named in the restraining order together with a photo or a requirement to file a copy of the filed Affidavit of Service. Even if she has a lawyer obtain her restraining order for her, she must make sure that it has been filed with the police, either by the lawyer or by herself.

Encourage your aunt to carry a copy of the restraining order with her at all times. If a person breaches the terms of a restraining order, the person can be arrested. If she carries a copy of the order, she will be able to show it to any authority, such as the police, who can then take the necessary action in arresting the offender.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

January 2006
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