Lawyers.comsm
A restraining order is a court order directing an individual to abide by certain conditions or directing the individual not to do certain things. The order itself is literally a piece of paper that a judge signs that tells an individual to cease the prohibited behavior or be subjected to legal consequences. The main purpose of restraining orders is to offer legal protection to victims of domestic abuse, harassment, stalking, and neighborhood disputes and a parent or guardian can apply for a restraining order on behalf of a minor child.
"No Contact" and Other Commonly Addressed Issues
One of the most common restraining order mandates is for an individual not to make contact with another person or stay a certain distance away from the person. Some other common mandates of restraining orders include orders not to:
- Enter a family home
- Remove children from a certain jurisdiction
- Sell marital property
- Possess or purchase a firearm
Restraining orders also may grant a victim control over jointly owned property, such as vehicles, bank accounts, or household appliances. They can also order an individual to continue to make loan payments, return personal belongings to the victim, pay certain bills, or attend counseling or another treatment program. The conditions and restrictions of restraining orders vary based upon the unique circumstances of the case, and judges can order any reasonable directives they feel are necessary to protect the victim.
Types of Restraining Orders
Although the rules and names for restraining orders vary in every jurisdiction, there are three common types of restraining orders. The first type of restraining orders is an emergency protective order, which goes into effect immediately. Emergency protective orders usually arise in situations of police responding to domestic violence calls. A police officer can call a judge at any time and request the emergency protective order if the officer feels it is necessary to prevent imminent harm. An emergency protective order only lasts a short amount of time, usually less than a week, and its purpose is to provide protection and give a victim time to apply for a restraining order.
The second type of restraining order is a temporary restraining order, which also lasts only a short period of time, usually less than a month. A temporary restraining order is issued when a victim applies for a restraining order. Its purpose is to provide the victim protection until a hearing can be held and a restraining order can be issued.
Permanent restraining order is the third type of restraining orders and is usually referred to as simply a restraining order. A permanent restraining order can be issued once a hearing has been held, and it can be in effect for up to a set number of years in some jurisdictions. Permanent restraining orders can be renewed or extended if the victim is still in danger of being subjected to abusive or harassing behavior when the order expires.
Obtaining a Restraining Order
The procedure for obtaining a restraining order starts with filling out the necessary paperwork. The requisite forms can usually be obtained from the local courthouse or online. Many shelters and domestic abuse prevention organizations also have the forms accessible for the public. The forms will require the victim to provide personal information, including a specific description of the abusive or harassing behavior for which the victim is seeking protection. Once the forms are completed, the victim should take an ID and identification about the abuse or harasser to the local courthouse. The court clerk will take the forms to a judge, who will decide whether or not to issue a temporary restraining order until a hearing can be held. After the temporary restraining order decision has been made a court date will be set for a hearing on the permanent restraining order.
After the hearing date has been set, the victim must arrange for service of process to give the abuser legally compliant notice of the hearing and serve them the proper legal documents. In order to be granted a restraining order, at the hearing the victim will have to prove that the abuser or harasser has committed abusive or harassing acts, and that the victim needs protection.
After the Restraining Order is Granted
If a restraining order is granted, the victim should make numerous copies of the order and keep a copy with them at all times. They should also leave a copy of the order at their place of employment, and their children's school or daycare. If an abuser or harasser violates the restraining order, they are violating the law and the police should be contacted immediately.