What is a restraining order?
Understanding Restraining Orders
A restraining order is a legal document issued by a court that protects someone from being physically or sexually abused, threatened, stalked, or harassed. Also known as a protective order or stay-away order, this court order requires one person to stop doing certain things and stay away from another person.
When someone feels unsafe or threatened by another person, they can ask a judge to issue this legal protection. The order sets clear boundaries and consequences for the person causing harm, giving the protected person legal backing to maintain their safety.
Types of Restraining Orders
Different situations call for different types of protective orders. Here are the most common ones:
Domestic Violence Restraining Order
This type protects people from abuse by someone they have a close relationship with, such as:
- Current or former spouse or domestic partner
- Someone they’re dating or used to date
- Family members
- Someone they have a child with
- Someone they live with or used to live with
Civil Harassment Order
A harassment order protects people from violence, threats, or harassment by someone they don’t have a close relationship with. This might include:
- Neighbors
- Roommates
- Friends or acquaintances
- Strangers
Workplace Violence Restraining Order
Employers can request this order to protect employees from violence or threats of violence at the workplace.
What Can a Restraining Order Do?
A protective order can include many different protections, depending on what the situation requires. Common provisions include:
- No contact: The restrained person cannot call, text, email, or communicate in any way
- Stay away: They must keep a certain distance from the protected person, their home, workplace, or children’s school
- Move out: If they live together, the restrained person may have to move out
- No guns: They cannot own or possess firearms
- Child custody: Temporary custody and visitation orders for children
- Property protection: Orders about pets, vehicles, or other property
How to Get a Restraining Order
The process for getting a stay-away order typically follows these steps:
- Fill out court forms: Complete the necessary paperwork describing the situation and what protection you need
- File with the court: Submit the forms to your local courthouse (usually free of charge)
- Temporary order: A judge may issue a temporary restraining order the same day, lasting until your court hearing
- Court hearing: Both parties can present their case to the judge (usually within 3 weeks)
- Final order: If granted, the judge issues a longer-term restraining order (typically lasting up to 5 years)
What Happens If Someone Violates a Restraining Order?
Breaking a protective order is a crime. If the restrained person violates any part of the order, they can face:
- Arrest by police
- Criminal charges
- Jail time
- Fines
- A permanent criminal record
If someone violates your restraining order, call 911 immediately. Keep a copy of your order with you at all times and give copies to your workplace, children’s school, and anywhere else mentioned in the order.
Important Things to Know
Getting a restraining order is an important step in protecting yourself, but there are some key points to understand:
- It’s a civil order: While violating it is a crime, getting the order itself is a civil court process
- Free to file: There’s no fee to request a protective order
- No lawyer required: You can represent yourself, though legal help is available
- Immediate protection: Temporary orders can be issued the same day in emergency situations
- Renewal possible: Orders can be renewed before they expire
Getting Help
You don’t have to navigate this process alone. Many resources are available:
- Local domestic violence organizations offer free help with forms and court accompaniment
- Court self-help centers provide assistance with paperwork
- Legal aid organizations may offer free legal representation
- The National Domestic Violence Hotline (1-800-799-7233) provides 24/7 support
Remember, a restraining order is one tool for protection, but it’s important to create a comprehensive safety plan. Work with local support services to ensure your ongoing safety and well-being.
