A restraining order is a court order thats prohibits a person from going to specific places or doing certain activities. They protect the victims of abuse, violence, and harassment from further harm.
The Parties
The person requesting a retraining order is usually called “the protected person.” The protected person can also designate other persons to be protected by the order, such as children or family members.
The person responding to the order is “the restrained person.”
Temporary Restraining Order
The court usually issues a temporary restraining order as soon as the restraining order is filed. The temporary orders last until the first hearing date. Temporary orders are extended if the hearing is continued, provided there is good cause for the continuance.
Permanent Restraining Order
After a hearing, the judge will issue permanent orders. The judge can also issue permanent orders if the restrained person fails to appear after being served. At a hearing, each side will get the chance to present their case, including calling witnesses, presenting evidence, and questioning the opposition’s witnesses and evidence.
Violating a Restraining Order
Law enforcement can arrest a person who violates a temporary or permanent restraining order. A non-citizen who is convicted of violating a restraining order can be deported.
Levels of Restraining Order
If the Judge grants the restraining order, they can make a number of orders:
- No MATH Order (aka peaceful contact) – This allows the parties to have contact as long as the restrained person does not molest, annoy, threaten, or harass the protected person.
- No Contact Order – The restrained person cannot have any contact with the protected person. This includes electronic communications (text, email, social media, etc.). It also includes messages passed through other people.
- Stay Away Order – The restrained person must stay away from specific places. It can include a buffer zone: IE: 100 yards away from the protected person’s home.
- Custody Order – The judge can order that the protected person have custody of any shared children.
- Move Out Order – The judge can order that the restrained person move out of the shared residence.
- Animal Custody Order – The judge can order that the protected person have custody of any children.
- No Firearms – The judge can order that you turn in any firearms and not possess firearms in the future.
Restraining Order Types
There are many different types of restraining order. However, the same standard applies to all types: A judge will issue a restraining order if they find the order is needed to prevent future harm to the protected person.
Domestic Violence
Prevents violence, stalking, and threats between family members or people in relationships.
Civil Harassment
Prevents violence, threats, or harassment between people with any relationship.
Elder Abuse
Prevents financial or physical abuse or neglect against elders or dependent adults.
Workplace Violence
Prevents violence, threats, harassment, or stalking between co-workers.
Gun Violence
Prevents a person from having, owning, or buying any firearms, or firearm parts (ammunition, magazines) or body armor.
School Violence
Prevents a student (after high school) from commiting violence, threats, assault, or battery.
Criminal Protective Order
Prevents a defendant in a criminal case from contacting or harassing the victim in their cease.
Emergency Protective Order
This is a temporary criminal protective order that an on-call judge issues immediately after the crime.
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