How do restraining orders work in domestic violence cases?

What Is a Restraining Order?

A restraining order is a legal order issued by a court that restricts an abuser’s ability to contact or come near a victim. It is designed to prevent further harm in cases of domestic violence, harassment, stalking, or threats.

Restraining orders can include provisions such as:

• Prohibiting the abuser from making any form of contact (calls, texts, emails, social media messages, etc.).
• Ordering the abuser to stay a specific distance away from the victim’s home, workplace, or school.
• Granting temporary custody of children to the survivor.
• Mandating the abuser to surrender firearms.

Types of Restraining Orders in Domestic Violence Cases

The type of restraining order a victim can obtain depends on the urgency and severity of the situation.

1. Emergency Protective Orders (EPOs)

• Issued immediately by law enforcement officers or judges.
• Typically lasts 24 hours to a few days, giving the victim time to seek a longer-term order.
• Often used in cases where there is an immediate threat of harm.

2. Temporary Restraining Orders (TROs)

• Granted by a judge without requiring the abuser to be present (ex parte order).
• Usually valid for 7 to 30 days until a court hearing is held.
• Provides short-term protection while a judge reviews the case for a longer order.

3. Permanent Restraining Orders

• Issued after a full court hearing where both parties present evidence.
• Can last for several years or even indefinitely, depending on the state and severity of the case.
• Can be renewed or extended if the threat persists.

4. Criminal Protective Orders

• Issued as part of a criminal case against the abuser.
• Typically mandated by the court when domestic violence charges are filed.
• Can include stricter conditions than civil restraining orders.

How to Get a Restraining Order

Step 1: Gather Evidence

To strengthen your case, collect as much evidence as possible, including:

• Police reports, if applicable.
• Medical records of injuries.
• Text messages, emails, or voicemails with threats.
• Photos of physical injuries or property damage.
• Witness statements from friends, family, or neighbors.

Step 2: File a Petition

You can file for a restraining order at your local family court or domestic violence court. Many states offer free legal aid or victim advocacy services to assist you.

Step 3: Attend a Court Hearing

For long-term protection orders, a court hearing is required. During this hearing:

• The judge reviews the victim’s evidence.
• The abuser (if present) can respond or contest the order.
• The judge decides on the restrictions and duration of the order.

Step 4: Ensure Enforcement

Once granted, make sure the restraining order is properly enforced by:

• Keeping a copy with you at all times.
• Providing copies to your workplace, child’s school, or daycare.
• Notifying local law enforcement.

What Happens If a Restraining Order Is Violated?

If an abuser violates a restraining order, immediate legal action should be taken. Violations can result in:

• Arrest and criminal charges (many states classify this as a misdemeanor or felony).
• Increased penalties if the violation involves threats or physical harm.
• Additional restrictions, such as stricter no-contact provisions.

Victims should report all violations to law enforcement immediately and keep records of any breaches.

Limitations of Restraining Orders

While restraining orders are a powerful legal tool, they are not foolproof. Some abusers ignore court orders, and enforcement can vary depending on law enforcement responsiveness. That’s why survivors should consider additional safety measures:

• Develop a safety plan, including a secure place to go if needed.
• Change locks and phone numbers if the abuser knows your current details.
• Inform trusted individuals, such as employers, neighbors, or family members.

Frequently Asked Questions (FAQs)

1. How long does it take to get a restraining order?

In emergencies, an Emergency Protective Order can be issued immediately. Temporary orders typically take a few days, while permanent orders require a court hearing and can take weeks to months.

2. Do I need a lawyer to get a restraining order?

No, but having legal representation can help, especially if the abuser contests the order. Many domestic violence organizations offer free legal aid.

3. Can a restraining order be extended?

Yes, most restraining orders can be extended or renewed if the threat persists. You must request an extension before the order expires.

4. What if I move to another state?

Under the Violence Against Women Act (VAWA), restraining orders are valid nationwide. If you relocate, notify local law enforcement and provide a copy of your order.

5. Can a restraining order be dropped?

Yes, but only the court can lift a restraining order. If a victim feels safe and no longer needs protection, they must file a request for dismissal.

Conclusion

A restraining order can be a lifesaving legal tool for survivors of domestic violence. While it’s not a guarantee of safety, it serves as a critical step toward protection and accountability. If you or someone you know is in danger, don’t hesitate to seek help.

For immediate support, contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or visit www.thehotline.org.