How to Obtain a Restraining Order (Order of Protection)
Restraining orders are court orders which direct a person to follow specific conditions.
"Negative" restraining orders instruct a person not to commit certain acts.
Such orders are commonly issued in order to protect victims of harassment, domestic abuse, or stalking.
They are typically obtained in conjunction with a civil lawsuit.
Basic Information Restraining orders can last anywhere from a few days to several years.
They are usually issued to prevent one individual from contacting another person, in which case the order is called a "no-contact" restraining order.
They are frequently issued in cases involving close family members or relatives.
They may also be obtained by a parent on behalf of a child who is still a minor.
Some common mandates required by a restraining order involve: - Directing the person not to make contact with the victim, either physically or by communication - Instructing the person to stay a certain distance away from the victim (for example, may not be within 100 feet of the victim) - Preventing the person from entering the family home of the victim - Relocating minor children to a different jurisdiction - Directing the person to sell property - Not allowing the offender to purchase or possess firearms - Granting the victim guardianship of a child or ownership of property Different Types of Restraining Orders Restraining orders can cover a wide range of instructions and prohibitions.
There are three basic types.
They differ mainly with regards to when they go into effect and how long they last.
The three common kinds of orders are: - Emergency Protective Orders: Issued by a judge in situations involving emergencies, such as a police response to a domestic abuse 911 call.
They go into effect immediately, but usually last less than one week or until the emergency is resolved.
Its purpose is to prevent imminent harm as well as to allow the victim more time to obtain a temporary or permanent order.
- Temporary Restraining Orders (TRO): These are much like a permanent order, except they usually last for a short period of time, such as a few weeks or a month.
TRO's are relatively easy to obtain- the victim usually must show: - They will be irreparably harmed if a TRO is not issue - They will likely succeed in their pending case - The court will balance the hardships between the victim and the aggressor Permanent Restraining Order: Commonly known as a "normal restraining order.
" They are only available after hearings have already begun, and can last for long periods of time such as several years.
The orders may be extended or renewed if danger to the victim is still possible.
In addition to the requirements for a TRO, a victim must usually prove: - Legal remedies (money awards) would be inadequate to prevent future harm - A protectable property interest is involved - Enforcement is possible - No defenses are available to the attacker or aggressor Usually, what happens is that in the event of an incident, the police will obtain an emergency order while they remedy the situation.
The victim may then file their case in court.
While the case is being processed, the judge can issue a TRO which lasts a few weeks.
Once hearings have begun, the person can then file for a permanent restraining order if necessary.
Violations of restraining orders generally result in criminal penalties for the offender, even if the claim was initially a civil law case.
The court may also hold the person in contempt of court for violating the order.
Punishment for contempt or violating the order can result in monetary fines or imprisonment.
Restraining orders may be violated if the person fails to act according to the conditions specified in the order.
Likewise, they can violate the order if they commit an act which they are prohibited from doing.
Enforcing a Restraining Order Generally the most effective means of enforcing a court order is for the victim to file a report with the court in order to find the other party in contempt for violating the order.
This is because the role of police officers in enforcing restraining orders tends to only be supervisory.
In other words, police department policies may vary in terms of the level of intervention they render in enforcing orders.
Enforcing a "negative" injunction (an order not to do something) is generally more difficult to enforce.
This is because it is easier to compel someone to do something rather than to monitor whether they are not doing an act.
Recap and SuggestionsIf you need help obtaining a restraining order, you should contact a lawyer who can help facilitate your requests with the court.
Here are some points to consider: - There are several types and they are different based on when they go into effect and how long they last - You need to be able to prove to the court why a it is necessary - Permanent orders may be renewed or extended based on need - Violations of restraining orders are separate offenses in themselves and carry with them criminal penalties - Make several copies if you obtain an order.
Keep copies with you at all times and in important places such as at your workplace or at your children's school and daycare.
"Negative" restraining orders instruct a person not to commit certain acts.
Such orders are commonly issued in order to protect victims of harassment, domestic abuse, or stalking.
They are typically obtained in conjunction with a civil lawsuit.
Basic Information Restraining orders can last anywhere from a few days to several years.
They are usually issued to prevent one individual from contacting another person, in which case the order is called a "no-contact" restraining order.
They are frequently issued in cases involving close family members or relatives.
They may also be obtained by a parent on behalf of a child who is still a minor.
Some common mandates required by a restraining order involve: - Directing the person not to make contact with the victim, either physically or by communication - Instructing the person to stay a certain distance away from the victim (for example, may not be within 100 feet of the victim) - Preventing the person from entering the family home of the victim - Relocating minor children to a different jurisdiction - Directing the person to sell property - Not allowing the offender to purchase or possess firearms - Granting the victim guardianship of a child or ownership of property Different Types of Restraining Orders Restraining orders can cover a wide range of instructions and prohibitions.
There are three basic types.
They differ mainly with regards to when they go into effect and how long they last.
The three common kinds of orders are: - Emergency Protective Orders: Issued by a judge in situations involving emergencies, such as a police response to a domestic abuse 911 call.
They go into effect immediately, but usually last less than one week or until the emergency is resolved.
Its purpose is to prevent imminent harm as well as to allow the victim more time to obtain a temporary or permanent order.
- Temporary Restraining Orders (TRO): These are much like a permanent order, except they usually last for a short period of time, such as a few weeks or a month.
TRO's are relatively easy to obtain- the victim usually must show: - They will be irreparably harmed if a TRO is not issue - They will likely succeed in their pending case - The court will balance the hardships between the victim and the aggressor Permanent Restraining Order: Commonly known as a "normal restraining order.
" They are only available after hearings have already begun, and can last for long periods of time such as several years.
The orders may be extended or renewed if danger to the victim is still possible.
In addition to the requirements for a TRO, a victim must usually prove: - Legal remedies (money awards) would be inadequate to prevent future harm - A protectable property interest is involved - Enforcement is possible - No defenses are available to the attacker or aggressor Usually, what happens is that in the event of an incident, the police will obtain an emergency order while they remedy the situation.
The victim may then file their case in court.
While the case is being processed, the judge can issue a TRO which lasts a few weeks.
Once hearings have begun, the person can then file for a permanent restraining order if necessary.
Violations of restraining orders generally result in criminal penalties for the offender, even if the claim was initially a civil law case.
The court may also hold the person in contempt of court for violating the order.
Punishment for contempt or violating the order can result in monetary fines or imprisonment.
Restraining orders may be violated if the person fails to act according to the conditions specified in the order.
Likewise, they can violate the order if they commit an act which they are prohibited from doing.
Enforcing a Restraining Order Generally the most effective means of enforcing a court order is for the victim to file a report with the court in order to find the other party in contempt for violating the order.
This is because the role of police officers in enforcing restraining orders tends to only be supervisory.
In other words, police department policies may vary in terms of the level of intervention they render in enforcing orders.
Enforcing a "negative" injunction (an order not to do something) is generally more difficult to enforce.
This is because it is easier to compel someone to do something rather than to monitor whether they are not doing an act.
Recap and SuggestionsIf you need help obtaining a restraining order, you should contact a lawyer who can help facilitate your requests with the court.
Here are some points to consider: - There are several types and they are different based on when they go into effect and how long they last - You need to be able to prove to the court why a it is necessary - Permanent orders may be renewed or extended based on need - Violations of restraining orders are separate offenses in themselves and carry with them criminal penalties - Make several copies if you obtain an order.
Keep copies with you at all times and in important places such as at your workplace or at your children's school and daycare.