Who can seek a permanent restraining order?

Who can seek a permanent restraining order?

• A. A competent adult who resides in the state on behalf of a child victim
• B. A passerby who witnessed the crime
• C. A victim of a crime that occurred in the State
• D. A witness who assisted the prosecuting entity in the prosecution

Answer: (C)

Permanent restraining orders are protective measures designed for the person who has actually been harmed by the other party. The one who can seek this order must be the victim—the person who endured the crime—within the state where the crime occurred, so the court has proper jurisdiction and the order addresses the real risk to that individual. A passerby who witnessed the incident didn’t suffer the harm or threat themselves, so they don’t have standing to petition for a long-term protective order. A witness who assisted the prosecution likewise isn’t the person at risk from the offender, so they wouldn’t file for a permanent order to protect someone else. Therefore, the authority to seek rests with the person who was the victim of the crime in the state.

Permanent restraining orders are protective measures designed for the person who has actually been harmed by the other party. The one who can seek this order must be the victim—the person who endured the crime—within the state where the crime occurred, so the court has proper jurisdiction and the order addresses the real risk to that individual. A passerby who witnessed the incident didn’t suffer the harm or threat themselves, so they don’t have standing to petition for a long-term protective order. A witness who assisted the prosecution likewise isn’t the person at risk from the offender, so they wouldn’t file for a permanent order to protect someone else. Therefore, the authority to seek rests with the person who was the victim of the crime in the state.