What Is a Restraining Order and How Does One Obtain One?

When someone is harassed, intimidated, or fears violence, they have legal remedies. Learn more about restraining orders and how to get one.

What you will discover:

What exactly is a restraining order?
What are the different kinds of restraining orders?
How can I get a restraining order?
When does a restraining order take effect?
Can a restraining order be lifted or overturned?
If the court denies my restraining order, do I have to pay my harasser’s legal fees?

If you are being harassed, intimidated, or are afraid that someone is violating your rights, you may have legal recourse. Individuals and corporations may seek a restraining order in addition to notifying police authorities. The procedure, like most legal matters, is intricate, but not insurmountable. The following answers to frequently asked restraining order questions might help you get started.

What exactly is a restraining order?

A restraining order, also known as an order of protection, is a court order intended to protect you when you have reasonable grounds to fear for your personal safety. The claimed victim is the individual who requests the restraining order and feels threatened. The accused offender is the person or organization that seems to represent a danger.

Restraining orders serve a variety of purposes, but they are most typically used in reaction to one person’s conduct that make another person fearful. Among the activities that may result in restraining orders are:

Violence.
Threats of serious violence.
Harassment.
Stalking.
Child abuse is suspected.

In general, persons may get a restraining order to prevent someone from violating their rights.

What are the different kinds of restraining orders?

The sorts of restraining orders available and how they function differ from state to state. A restraining order, in general, protects individuals by directing the accused offender to keep a set distance away from the victim until the order expires. Restraining orders are often tied to another legal issue, either criminal or civil. Here are some instances of what courts want from the accused offender:

Maintain a safe distance and avoid physical contact.
Make no additional contact, including phone calls, letters, delivery, and so forth.
Stop the abuse if the two persons share a living space.
Provide assistance, such as ongoing rent payment.
Allow the alleged victim sole use of joint assets like a vehicle or an apartment.
Pay for any resulting harm, such as medical bills or property damage.
Until the injunction is removed, turn in all guns to the local sheriff’s office.

State courts issue numerous forms of restraining orders targeted to certain crimes, such as:

Domestic abuse.
Civil harassment may be perpetrated by neighbors or former acquaintances.
Violence in the workplace.
Abuse of the elderly or dependent adults.

Restraining orders may also be classified based on the gravity of the threat or the status of the case in court. California courts, for example, issue three sorts of restraining orders:

An emergency protective order has been issued. If law enforcement believes the claimed victim is in imminent danger, they may issue this sort of injunction.
TRO stands for Temporary Restraining Order. A court may order a TRO before the case is heard if the claimed victim is in danger at the moment.
Temporary Restraining Order. A judge may issue a permanent restraining order if they determine that extra safeguards are warranted during a court hearing. It may continue three years in the case of civil harassment and five years in the case of domestic abuse.

How can I get a restraining order?

It is in the court’s best interests to ensure that restraining orders are only given to those who legitimately need them. However, courts recognize that this protection is urgently required. State laws differ, but you may need to fulfill various legal conditions to get a restraining order.

In Texas, for example, if all of the following are true, you are likely to qualify for a protection order:

Someone has harmed you or threatened to do so.
You have “reason to suspect they will hurt you again.”
You or a close relative has a close connection with the accused abuser.

Texas law may also enable you to get a restraining order if you have previously obtained one against this individual and they have violated its conditions.

It may be prudent to seek counsel or assistance from an experienced lawyer, legal aid clinic, or social worker in this area. Filing paperwork with the court is essential to begin the procedure. After filing, you must arrange for those papers to be handed to the person you want to confine. You may deliver them yourself or engage law enforcement or a process server to do it for you. The court will next normally schedule a hearing to consider whether or not to issue the order.

Another possibility is for a responding police officer to contact a court and get an emergency protection order. In this situation, the order would be legally binding as soon as the court authorized it.

At your hearing, the judge will want evidence that you require a protection order. Proof might include:

According to police reports.
Statements made by family members, friends, or social workers.
Medical documentation.
Photographs and video recordings.
Emails and text messages are examples of digital communication records.

The suspected perpetrator may dwell within the distance they have been instructed to avoid. They might be a family member or a roommate, for example. In this situation, individuals may be forced to relocate until the injunction is rescinded. However, strong proof is usually required for a court to compel someone to leave their house.

When does a restraining order take effect?

Some restraining orders, such as an emergency protection order, take effect once authorized by a court. Once obtained, a temporary restraining order takes effect immediately. A temporary or emergency order is normally valid until a certain date or until a court rules differently.

When a court authorizes it, so-called permanent restraining orders are issued. These often take considerably longer to obtain but may endure for many years. A permanent restraining order may be extended by the court if it is obvious that the accused offender is still a danger to the person seeking it.

Can a restraining order be lifted or overturned?

In court, the suspected offender may claim that a temporary injunction is invalid. In general, if a victim produces evidence, an accused perpetrator may be required to present evidence or witness testimony to demonstrate that the alleged victim is incorrect. Alternatively, an accused offender may be able to argue that the claimed victim’s statements and evidence do not fulfill the conditions for a restraining order to be issued by the court.

If the court agrees with the accused, the interim injunction will usually expire immediately and will not become a permanent order. If the court upholds the order, the accused offender may be entitled to take additional action to challenge it, but must comply with the order in the interim.

By submitting paperwork with the court, any party may normally request that the restraining order be changed or dropped. The court often holds a hearing to hear both parties’ requests and arguments. Then, normally, a judge makes a judgment based on the weight of the evidence and the grounds for the request.

If the court denies my restraining order, do I have to pay my harasser’s legal fees?

Maybe. The laws vary by state and may be dependent on the kind of restraining order requested. If a court grants a permanent restraining order in California, for example, the offender may be forced to pay the victim’s legal fees. If the criminal wins, the victim may be required to pay their legal fees. Even when granted, courts have the authority to deny the request to make the losing party pay the other side’s legal fees.

Restraining orders are quite dangerous since they violate various fundamental rights and freedoms. A person seeking a restraining order must be prepared to demonstrate the necessity for one as well as that they satisfy the legal standards. You may also be charged with a crime if you deliberately file a fake request for a restraining order or submit false evidence.