Restraining Order Basics – FindLaw
What you might know of as a restraining order can go by many different names: orders for protection, orders of protection, protection from abuse orders. There are also variants and specific types of restraining orders: temporary restraining orders, preliminary protective orders (PPOs), domestic violence restraining orders (DVROs), domestic violence protective orders (DVPOs). But no matter what they are called, they all are intended to do the same thing: keep you safe.
Hopefully, you’ll never need one. But if you have been or are being abused or harassed, a restraining order (and that’s what we will call them here) can change—even save—your life.
What Is a Restraining Order?
A restraining order is a civil court order that requires one person not to harm or harass another. Although you can enforce a restraining order by asking the judge to hold a violator in contempt of court, such orders are usually enforced by police officers or other law enforcement professionals. Violating a restraining order is a crime that can lead to arrest, fines, and jail time.
Restraining orders can do a lot of different things. For example, they can prevent your abuser from contacting you. They can make them stay a certain distance from you, your residence (even a shared residence), and your place of work. They can require your abuser to undergo counseling, and to turn over any firearms they own. If you share a child with your abuser, they can award you temporary legal and physical custody. And if your abuser supports you financially, the court can require them to pay temporary alimony (spousal support) and child support.
Temporary restraining orders (TROs) are expedited orders made under emergency circumstances. They are also known as emergency protective orders (EPOs) and similar to temporary protective orders (TPOs). These types of restraining orders typically last a few days to a couple of weeks, but in some states, they can last indefinitely (until “further order of the court”). Final restraining orders issued following an evidentiary hearing (permanent orders, or POs) last longer, often up to several years.
How Do You Get a Restraining Order?
The procedures you must follow to get a restraining order vary from state to state, but courts generally try to make it easy for victims. Your court’s website will likely contain helpful information and forms you can fill out. Your court clerk’s office can help you file the forms.
Preparing the Petition
Generally speaking, you begin your case by preparing a petition for a restraining order. You swear to the allegations in your petition itself or support your petition by filing a sworn affidavit (be careful — if you lie, you can be prosecuted for perjury). Either way, your sworn testimony serves as the evidentiary basis for an order. You then file your petition and any supporting materials. The package goes to a judge or a referee (a court appointee who handles aspects of family law cases) for review.
Temporary Restraining Order and Service
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it’s called an ex parte order.
Upon filing another form, the court clerk will send a copy of the temporary order to your abuser (the “respondent”) in the manner required by state law, as well as notify law enforcement of the existence of the order so they can enforce it. The court will also set your petition for an initial court hearing date.
The Initial Hearing
At the initial hearing, the judge or referee will ask the respondent whether they contest the temporary order. If not, the court will allow your petition and issue a restraining order of greater duration. If so, the court will set the matter for a hearing at which you and the respondent can submit evidence relating to the allegations of your petition. Depending on how busy your court is, the evidentiary hearing can take place in a few weeks, or you might have to wait a few months.
The Evidentiary Hearing
At the evidentiary hearing, you present the testimony of witnesses and documents that prove the allegations in your petition (more on that below). The respondent is given a chance to challenge your evidence and cross-examine your witnesses. Then the respondent is given a chance to present their evidence. You also get the chance to challenge their evidence and cross-examine their witnesses.
After hearing evidence, the court either rules immediately or takes the matter “under advisement,” which means they take additional time to consider the evidence before they rule. Most judges try to inform the petitioner of their decision as soon as possible.
If you win and the court issues a restraining order, you have to ensure it’s served on the respondent. You also need to make sure that a copy is sent to law enforcement so that they know to enforce it. In many states, the clerk’s office will handle both.
After that point, it’s largely on you. If the respondent violates the order, no matter how insignificant the violation may seem to you, you need to contact the police right away. The police are then authorized to arrest the respondent and turn the matter over to prosecutors for possible criminal charges. You can also ask the court to hold the respondent in contempt.
Read More
What you might know of as a restraining order can go by many different names: orders for protection, orders of protection, protection from abuse orders. There are also variants and specific types of restraining orders: temporary restraining orders, preliminary protective orders (PPOs), domestic violence restraining orders (DVROs), domestic violence protective orders (DVPOs). But no matter what they are called, they all are intended to do the same thing: keep you safe.
Hopefully, you’ll never need one. But if you have been or are being abused or harassed, a restraining order (and that’s what we will call them here) can change—even save—your life.
What Is a Restraining Order?
A restraining order is a civil court order that requires one person not to harm or harass another. Although you can enforce a restraining order by asking the judge to hold a violator in contempt of court, such orders are usually enforced by police officers or other law enforcement professionals. Violating a restraining order is a crime that can lead to arrest, fines, and jail time.
Restraining orders can do a lot of different things. For example, they can prevent your abuser from contacting you. They can make them stay a certain distance from you, your residence (even a shared residence), and your place of work. They can require your abuser to undergo counseling, and to turn over any firearms they own. If you share a child with your abuser, they can award you temporary legal and physical custody. And if your abuser supports you financially, the court can require them to pay temporary alimony (spousal support) and child support.
Temporary restraining orders (TROs) are expedited orders made under emergency circumstances. They are also known as emergency protective orders (EPOs) and similar to temporary protective orders (TPOs). These types of restraining orders typically last a few days to a couple of weeks, but in some states, they can last indefinitely (until “further order of the court”). Final restraining orders issued following an evidentiary hearing (permanent orders, or POs) last longer, often up to several years.
How Do You Get a Restraining Order?
The procedures you must follow to get a restraining order vary from state to state, but courts generally try to make it easy for victims. Your court’s website will likely contain helpful information and forms you can fill out. Your court clerk’s office can help you file the forms.
Preparing the Petition
Generally speaking, you begin your case by preparing a petition for a restraining order. You swear to the allegations in your petition itself or support your petition by filing a sworn affidavit (be careful — if you lie, you can be prosecuted for perjury). Either way, your sworn testimony serves as the evidentiary basis for an order. You then file your petition and any supporting materials. The package goes to a judge or a referee (a court appointee who handles aspects of family law cases) for review.
Temporary Restraining Order and Service
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it’s called an ex parte order.
Upon filing another form, the court clerk will send a copy of the temporary order to your abuser (the “respondent”) in the manner required by state law, as well as notify law enforcement of the existence of the order so they can enforce it. The court will also set your petition for an initial court hearing date.
The Initial Hearing
At the initial hearing, the judge or referee will ask the respondent whether they contest the temporary order. If not, the court will allow your petition and issue a restraining order of greater duration. If so, the court will set the matter for a hearing at which you and the respondent can submit evidence relating to the allegations of your petition. Depending on how busy your court is, the evidentiary hearing can take place in a few weeks, or you might have to wait a few months.
The Evidentiary Hearing
At the evidentiary hearing, you present the testimony of witnesses and documents that prove the allegations in your petition (more on that below). The respondent is given a chance to challenge your evidence and cross-examine your witnesses. Then the respondent is given a chance to present their evidence. You also get the chance to challenge their evidence and cross-examine their witnesses.
After hearing evidence, the court either rules immediately or takes the matter “under advisement,” which means they take additional time to consider the evidence before they rule. Most judges try to inform the petitioner of their decision as soon as possible.
If you win and the court issues a restraining order, you have to ensure it’s served on the respondent. You also need to make sure that a copy is sent to law enforcement so that they know to enforce it. In many states, the clerk’s office will handle both.
After that point, it’s largely on you. If the respondent violates the order, no matter how insignificant the violation may seem to you, you need to contact the police right away. The police are then authorized to arrest the respondent and turn the matter over to prosecutors for possible criminal charges. You can also ask the court to hold the respondent in contempt.
Read More
In a subsequent blog post, “What Proof Do You Need to Get a Restraining Order?”, we follow up in more detail about what you need to prove and the evidence you’ll need to gather in order to win your case. With our suggestions in hand, you should be able to take this on yourself. If you have any doubts, however, you may want to meet with a family law attorney or domestic violence attorney.
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