A restraining order, also called an order of protection in some states, is an injunction filed with the courts by a petitioner who feels that she is in danger from someone else. If a restraining order is granted, a court order is filed by the judge and restricts the subject of the order from certain activities, such as getting within a certain distance from the petitioner. In the United States, obtaining a restraining order is often difficult, and may not be granted until violence is documented by law enforcement.
The Facts
The requirements for a restraining order vary significantly from state to state. In most cases, however, a restraining order limits the activities of the respondent, and may include several provisions. If the respondent has shown a predisposition toward violence, he may have to relinquish all weapons in his ownership (e.g. guns, knives), and if you live with the respondent, the restraining order require either you or him to move out of the residence.
Custody issues, the safety of your family and workplace issues might also be addressed by restraining orders. It is important to note that some states have different tiers for orders of protection, and you'll need to apply for the document that most applies to your situation. In some states, there is a fee to apply for restraining orders, though the fee can be waived if you apply with the assistance of a police officer or crisis counselor.
Time Frame
The process for filing for restraining orders also varies by state. In Florida, for example, temporary restraining orders are granted immediately upon application and subsequently served to the respondent. In Texas, on the other hand, restraining orders are only granted with significant documentation and a history of police reports. If you don't have enough evidence that your life or liberty is in danger, it can take months to collect that evidence. In most states, however, a temporary restraining order is required before a judge issues a permanent order.
Risk Factors
A restraining order is not a physical barrier between an attacker and a victim. Rather, it provides recourse to the petitioner should the subject of the order violate his imposed restrictions. However, the police are not always going to be within close physical proximity, and violations of restraining orders often end badly. If you think that your life might be in danger, it is advisable to relocate and seek other measures offered by the law.
Features
Restraining orders usually consist of the type of restrictions imposed and the consequences for violating those restrictions. For example, a common order of protection clause requires that the subject stay a certain distance away from the petitioner, such as 300 yards or 1,000 feet. If the subject ventures within that distance, he will be found in contempt of the order and be subject to jail time, fines, community service and other consequences.
Restraining orders can also limit the places that the respondent can go, such as neighborhoods where the petitioner lives and works. It might state that the respondent cannot contact family members or friends of the petitioner, and issues of alimony, child support and bank accounts are sometimes resolved through restraining orders if the parties are married, divorced or separated.
Effects
Despite the lack of substantive protection offered by restraining orders, they are usually effective against attackers and stalkers without serious mental illness. For one thing, an order of protection sends a message that the victim is serious about protecting her rights. The likelihood that she will complain about violations and send her attacker to jail is high. However, it is important that you remain vigilant and contact the police if you believe that the respondent is in violation of the order.
Function
The purpose of restraining orders is to grant citizens layer of protection against harassment. They are particularly useful when a perpetrator has stalked, abused, assaulted or made threats against a victim, but has not been put in jail. This might be because the victim doesn't have sufficient evidence for the District Attorney to file charges, or it could be because the perpetrator has been released on bail. This way, if the petitioner is victimized again, the respondent immediately faces consequences.
Geography
It is also important to know that restraining orders are often transferable out of state if the petitioner moves while the order is still in effect. The Violence Against Women Act maintains that restraining orders must be observed with "full faith and credit" regardless of the state in which the petitioner resides.
However, a temporary restraining order will expire in the original state, and you will not be able to extend it if you have moved out of state. Therefore, it is best to re-apply if you move out of state to ensure your continued protection.
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