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What is a
Restraining Order?
A Restraining order is a form of legal injunction. The term is most
commonly used in reference to domestic violence, harassment,
stalking or
sexual assault. Each state has
some form of domestic violence restraining order law, and many states
also have specific restraining order laws for
stalking and sexual assault.
A restraining order is a
legal order issued by a
state court which
requires one person to
stop harming another
person.
Restraining orders are
also referred to as:
Restraining
order / protection order laws establish who can file for an order, what
protection or relief a person can get from such an order, and how the
order will be enforced. While there are differences from state to state,
all protective order statutes permit the court to order the abuser to
stay away from someone, their home, their workplace or their school
("stay away" provisions) and to stop contacting them. Victims generally
also can ask the court to order that all contact, whether by telephone,
notes, mail, fax, email or delivery of flowers or gifts, is prohibited
("no contact" provisions). Courts can also order the abuser to stop
hurting or threatening someone ("cease abuse" provisions).
Some states also allow the court to order the abuser to pay temporary
support or continue to make mortgage payments on a home owned by both
people ("support" provisions), to award sole use of a home or car owned
by both people ("exclusive use" provisions), or to pay for medical costs
or property damage caused by the abuser ("restitution" provisions).
Some courts might also be able
to order the abuser to turn over any firearms and ammunition he or she
has ("relinquish firearms" provisions), attend a batterers' treatment
program, appear for regular drug tests, or start alcohol or drug abuse
counseling.
Many jurisdictions also allow the court to make decisions about the care
and safety of the children. Courts can order the abuser to stay away
from and have no contact with the children's doctors, daycare, school or
after-school job. Most courts can make temporary child custody
decisions, although many courts are reluctant to do so. Some can issue
visitation or child support orders. A
victim can also ask the court to order supervised visitation, or to
specify a safe arrangement for transferring the children back and forth
("custody, visitation and child support" provisions).
When the abuser does something that the court has ordered him or her not
to do, or fails to do something the court has ordered him or her to do,
that is a violation of the order. The victim can ask the police or the
court, or both, depending on the violation, to enforce the order.
Restraining orders may also be enforced across state lines. This is
called granting "full faith and credit" to a qualified order. |
