What Is a Restraining Order?

A restraining order limits contact between people, including physical, phone, and online contact. Restraining orders are generally used when someone is alleging abuse, harassment, or threats. Civil restraining orders or protection orders are common for victims of domestic violence to keep the abuser away.

A restraining order can limit where you can go, who you can talk to, and what you can do. The subject of a restraining order can generally have a chance to give their side of the story to the criminal court judge. If you have questions about a domestic violence restraining order, talk to a criminal harassment defense attorney for legal advice.

What Does a Restraining Order Do?

A restraining order is a civil court order that prohibits someone from taking certain actions, including contacting another person. Depending on state law, restraining orders are also called stay-away orders or protection orders.

Restraining orders generally stop someone from contacting another. This includes coming within a certain distance or contacting friends or family members. Some of the ways a restraining order can limit contact include:

• Stay a certain distance away
• No visiting the person’s home, workplace, or other locations
• No contact online, by phone, or through social media
• No contact of family members, household members, friends, or co-workers

A domestic violence protective order may also prohibit owning or possessing a firearm. In many states, after a domestic violence arrest, the defendant will have to turn over any firearms to law enforcement or a third party.

When Can Someone Get a Restraining Order?

Anyone can go to the court clerk to file a petition for a civil restraining order. The person will need to provide some evidence that they are the victim of criminal harassment, sexual assault, stalking, or threats. The most common situation when someone gets a restraining order is for domestic violence cases.

For example, if someone is arrested for assaulting their former spouse, the police may arrest the individual and file a temporary restraining order. The restraining order will prohibit the person from contacting their former spouse, including phone calls or text messages.

What Are Different Types of Protective Orders?

There are different types of restraining orders, depending on the situation. Generally, restraining orders can be categorized as:

• Emergency protective orders
• Temporary restraining orders (TRO)
• Permanent orders

An emergency order of protection is supposed to be for emergencies. This can happen after an arrest for domestic violence, where someone gets an immediate court order even if the subject of the restraining order doesn’t have the chance to speak out in court. This is known as an ex-parte order.

With a temporary or permanent restraining order, the subject generally can give their side of the story to the judge. After hearing both sides of the story, the judge will decide whether to grant or deny the restraining order. In most states, including California, the standard of proof is a preponderance of the evidence. This means that it is more likely than not that the court should protect the person seeking the order.

What Are the Limitations of a Protection Order?

A protection order only limits what is in the order. There are also time limits to a protection order. An emergency restraining order works for short periods, usually up to three days. After that, the court must issue a TRO or permanent order for a more extended protection period.

What Happens if You Violate a Restraining Order?

Violating a protection order can result in civil and criminal penalties, depending on the type of order. Even if a protection order is a civil court order, violating the order can result in criminal penalties. Depending on state laws, violating a protective order can be a misdemeanor. If someone violates a restraining order by contacting someone they are not supposed to, they can face fines and jail time.

Some people try to contact the alleged victim of abuse or harassment to try and clear up the incident. Even if the other person doesn’t want to press charges, if the police department finds out you contacted the other person, they can arrest you and charge you with a criminal offense. A second violation can be more serious, including mandatory minimum jail time and additional restrictions.

How Can I Fight a Restraining Order?

If someone wants to get a restraining order against you, you can speak out in court. Except for an emergency order, the court will generally provide notice and a chance for you to testify in a civil court hearing for a restraining order. You can introduce evidence to show that there does not need to be a restraining order, you have not harassed anyone, and you are not a threat.

A domestic violence and harassment attorney can represent you at a restraining order hearing to present your case. Your attorney can also advise you on your rights and how to remove an unfair restraining order that keeps you from seeing your family, children, and loved ones.

After a domestic violence arrest or harassment accusation, a restraining order can limit your actions. Contact a criminal harassment defense lawyer for more information about your restraining order rights.