What Kind of Restraining Orders Are There: A Comprehensive Guide
Restraining orders are a legal measure used to protect people from harm. They can be essential in cases of domestic violence, harassment, and abuse, among others. In this article, we’ll explore different types of restraining orders, explain the process for getting one, and discuss what happens if the order is violated.
What is a restraining order?
Definition of a restraining order
A restraining order is a court order issued to protect one person from another. Typically, the order instructs the person (restrained person) to stay away from the person protected by the order. It also prohibits the restrained person from contacting, harassing, or threatening the protected person. Different types of restraining orders can be issued for different situations, such as domestic violence or harassment.
Who can get a restraining order?
Anyone who needs protection from a person who threatens or harms them physically, mentally, or emotionally can get a restraining order. The victim can be a spouse, a family member, a roommate, or someone with whom the restrained person had a romantic relationship.
What does a restraining order do?
A restraining order serves as a legal measure to protect the victim from further harm. The order can mandate that the restrained individual vacates the shared residence and avoids the victim’s workplace, school or other regular locations. It may also require the restrained person to stay a certain distance from the protected person and their family members. The order can also address child custody and visitation issues.
Types of restraining orders
Domestic violence restraining orders
DVROs are issued when someone harms or threatens their spouse, domestic partner, family member, or dating partner.DVROs can be temporary or permanent.
Civil harassment restraining orders
Civil harassment restraining orders are orders issued for non-domestic situations where a person suffers harassment, such as stalking, physical violence, or threats of violence. The harassment must cause substantial emotional distress or a reasonable fear for the person’s safety.
Elder or dependent adult abuse restraining orders
Elder or dependent adult abuse restraining orders are orders issued to protect elderly or dependent adults from physical or financial abuse, neglect, or abandonment.
What is the process for getting a restraining order?
Filing a petition for a restraining order
To file for a restraining order, the victim must go to the courthouse and ask the clerk for the necessary paperwork. The victim must complete the forms, providing detailed information about why an order is necessary. The victim must also specify which type of order they want. The forms are then filed with the court.
Temporary restraining orders
If the victim is in immediate danger, they can request a temporary restraining order (TRO). Judges often issue TROs based on the victim’s sworn testimony alone, without a hearing. TROs usually last for a few weeks, pending a hearing.
Court hearing for a permanent restraining order
At a court hearing, the victim and the restrained person both have the opportunity to present evidence and testimony. The judge can issue a permanent restraining order after reviewing the evidence and considering the facts of the case.
What is a protective order?
Difference between protective order and restraining order
A protective order is another type of court order issued to protect a person from harm. Protective orders are typically issued in criminal court cases, whereas restraining orders can be issued in civil cases.
Who can get a protective order?
A protective order is usually initiated by a prosecutor on behalf of a victim who needs protection in a criminal case. However, a victim can also apply for a protective order in some states.
What does a protective order do?
A protective order requires the defendant (the person accused of the crime) to stay away from the victim and their family members. It can also address child custody and visitation issues.
What happens if you violate a restraining order or protective order?
Possible consequences of violating an order
Violating a restraining or protective order can result in serious legal consequences, including jail time and fines. The restrained person may also face criminal charges for their actions.
Legal options for the victim
If the restrained person violates the order, the victim should call the police immediately. The victim can also go back to court to ask the judge to enforce the order or issue a new order with additional provisions.
Criminal charges for the perpetrator
If the restrained person violates the order, they can be charged with a misdemeanor or a felony, depending on the circumstances. The charges can result in jail time, fines, and a permanent criminal record.
Restraining orders and protective orders are powerful legal tools that can protect people from harm. Different types of restraining orders are available to address various situations, including domestic violence, harassment, and elder abuse. If you need protection or think you might need protection, it is important to get help from your local police department or legal aid office.
Q: What is a restraining order?
A restraining order is a legal order issued by a court that prohibits an individual from contacting or being in close proximity to another individual. It is meant to protect victims who may be at risk of physical or mental harm from the abuser.
Q: What is the purpose of a restraining order?
The purpose of a restraining order is to prevent domestic violence or harassment. It is meant to protect the victim and ensure their safety by prohibiting contact or communication from the abuser.
Q: What kinds of restraining orders are available?
There are several types of orders available, including temporary orders, emergency protective orders (EPOs), permanent protection orders, and criminal no-contact orders. Each serves a specific purpose and is granted based on the situation and circumstances.
Q: What is a temporary restraining order?
A judge may issue a temporary restraining order to protect someone threatened by a close individual. It is typically granted when there is an immediate danger of domestic violence or harassment and is in place until a hearing can be held.
Q: What is an emergency protective order (EPO)?
A police officer can issue a temporary restraining order, called an emergency protective order, if there is an imminent threat of harm. An EPO is meant to provide temporary protection until a hearing can be held in family or criminal court.
Q: What is a protection order?
A restraining order, also referred to as a protection order, is a court-ordered mandate that compels an abuser to stay away and avoid any correspondence with the individual who requested the order. It can prohibit the abuser from entering the victim’s home, workplace, school or other specified locations.
Q: What is the difference between a temporary restraining order and a permanent restraining order?
A temporary restraining order is a short-term order that typically lasts for a few weeks or until a hearing can be held. A permanent restraining order can last for years and mandates specific conditions such as counseling and avoiding certain individuals or places to be followed by the abuser.
Q: Who can file for a restraining order?
Anyone who has been threatened, harassed, or abused by someone can file for a restraining order. This may cover relatives, spouses, domestic partners, roommates, and individuals who share a home or have a close personal or work association with the perpetrator.
Q: What happens if the abuser violates the restraining order?
If the abuser violates the restraining order, they may face serious consequences, such as fines, jail time, or both. The police may also make an arrest if they believe the violation warrants it. It is important to report any violations to local law enforcement as soon as possible.
Q: How to get a restraining order?
To get a restraining order, one must file a petition in family or criminal court. The court will review the petition and determine whether to issue the order. A hearing must be held to determine whether the order is valid and enforceable.