Most people have an idea what a restraining order is, but you might want to know more: the types you can get, how they work and how courts issue and enforce them. It's good information to have, no matter which side you're on.

What Is a Restraining Order?

A restraining order is a court order directing someone to follow certain conditions or to not do certain things. It's literally a piece of paper a judge signs stating the terms someone must follow or risk legal consequences. Restraining orders are often used to give legal protection to victims of domestic abuse, harassment, stalking and neighborhood disputes. Parents and guardians can seek restraining orders on behalf of children.

Restraining Order Terms: "No Contact" and Other Coverage

The scope of restraining orders can be wide. A court can direct someone's action (or inaction), or restrict how people deal with property. Some common restraining order mandates include orders not to:

• Contact someone
• Enter a family home
• Remove children from a certain state or area
• Sell marital property
• Possess or buy a firearm

Judges can tailor restraining orders depending on what's needed in a given case. Terms must be reasonable and needed to give protection to the applicant/victim.

Types of Restraining Orders

While state laws vary, there are three common restraining order types:

Emergency Protective Orders

Emergency protective orders go into effect immediately. These orders are often used when police respond to domestic violence calls. A police officer can call a judge at any time and ask for the emergency protective order if needed to prevent imminent harm. The order is in effect for a short time, usually less than a week. Its purpose is to provide protection and give a victim time to apply for a restraining order.

Temporary Restraining Orders

Temporary restraining orders, another short-term order type, are usually in effect for less than a month. This order is issued when a victim applies for a restraining order. Its purpose is to give the victim protection until a hearing can be held and a restraining order can be issued.

Permanent Restraining Orders

Permanent restraining orders are usually referred to as simply restraining orders. A permanent restraining order can be issued once a hearing has been held. It can be in effect for up to a set number of years in some states. Permanent restraining orders can be renewed or extended if the circumstances, such as danger of abuse or harassment, haven't changed when the order expires.

Obtaining a Restraining Order

The process for obtaining a restraining order starts with filling out the needed paperwork. You can get the forms at your local courthouse, or they're often found online. Many shelters and domestic abuse prevention organizations also have the forms. Generally the steps are:

• Complete the forms, describing the abusive or harassing behavior in detail
• Take your forms, your ID, and identifying information about the person you seek protection from to your local courthouse
• The court clerk takes your forms and information to a judge, who decides if a temporary restraining order is needed until a hearing on your application
• A hearing date for the permanent restraining order is set
• Arrange for service of process to the alleged abuser, giving them legal notice of the application and hearing details
• Hearing and decision. At the hearing, you must show the abuse or harassment, and your need for protection. The judge decides whether to issue the permanent restraining order

Enforcing a Restraining Order

If a restraining order is granted, you should make numerous copies and keep one with you at all times. Also leave a copy of the order at work and your children's school or daycare. An abuser or harasser breaks the law when they don't follow the restraining order's terms, and the police should be called immediately.

Questions for Your Attorney

• Can I get a restraining order from another court if the first one turns me down?
• What type of proof do I need to support a restraining order?
• Can I get the court to overturn a restraining order against me?

Related Resources on Lawyers.com^sm

- Contact a Criminal Law Lawyer in your area, and read about Selecting a Good Criminal Lawyer
- Need a form? Access hundreds of Personal Legal Forms, including a Power of Attorney
- Read The Criminal Justice Process and Assault and Battery, or access more Criminal Law articles and information
- Legal Dictionary
- Visit the Legal Forums for discussions on Criminal Law topics

Related Web Links

- State Criminal Codes and Statutes