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