How to File a Restraining Order?

No one wants to be in a position to file a restraining order, but you may find yourself with no other choice. Restraining orders can provide invaluable peace of mind when granted by a court.

The procedure for filing for an order of protection depends on both your location and the person who you’re seeking protection from. You’ll generally need to file your petition with the court, wait for a response, and attend a hearing for a final judgment.

It’s very hard difficult to get a valid restraining order without help, even if you know the rules. Consult a criminal lawyer or family lawyer for affordable help with a restraining order.

What is a Restraining Order?

Restraining orders also referred to as protective orders or orders of protection, are orders requiring parties not to do or do certain things. Depending on a person’s needs, an individual may file for a restraining order when they need protection from another individual.

Restraining orders can be requested from the court as part of existing cases, like divorces, but can also be requested independently. 

State laws vary significantly regarding requirements for obtaining and maintaining restraining orders. Therefore, if you wish to seek a restraining order, it’s best to discuss your situation with an experienced attorney in your area. 

Civil vs. Criminal Restraining Orders

States often provide a distinction between civil and criminal restraining orders.

Seeking a criminal restraining order requires petitioning a civil court for protection for yourself, a minor child, or both. A civil restraining order can protect an individual if they or their child are in danger.

If an individual is facing criminal charges for engaging in violent behavior against another person or making threats of violence, the court may deem it necessary to impose a restraining order for the victim’s protection. 

Each type of restraining order contains different details and parameters, depending on the type of order and details of the case. 

Reasons to Get a Restraining Order

While courts grant restraining orders for various reasons, the need for a restraining order usually arises out of scary, threatening behavior or physical violence. 

Some of the most common reasons to seek a restraining order include:

• Domestic violence: Domestic violence refers to mental, emotional, or physical abuse between individuals with an existing relationship, including spouses, partners, or family members. 
• Stalking: Stalking can include showing up to a person’s home or workplace uninvited, constantly communicating via phone calls or other methods, or sending unwanted gifts, all making a person uncomfortable or fearful. 
• Harassment: Harassment can take on many forms, but usually refers to unwanted behavior and violation of an individual’s boundaries. 
• Destroying physical property: Damaging or destroying property is often done to get someone’s attention, or as a form of retaliation. When a person damages another’s property, it can easily make them fear what a person may do next. 
• Assault: When a person is physically assaulted, they usually require protection to avoid a repeat occurrence. This can also include sexual assault. 

If you reasonably fear for your safety and well-being, it could be time to consider filing a restraining order. 

Restraining Orders Not Involving Threats or Violence

While most restraining orders involve some negative behavior or violence, not all do. For example, you can file a restraining order in a divorce case to prohibit your spouse from taking certain actions, like getting rid of assets or canceling insurance policies. 

Often, if you need a restraining order for non-violent or threatening behavior, they are temporary, meaning they expire after a certain amount of time. 

What Type of Protections Can a Restraining Order Provide?

The kind of protection a restraining order provides depends on the reasoning for the order and what a judge deems necessary. Some of the common examples of protections restraining orders provide include:

• Prohibiting a person from contacting you, whether by phone, email, or mail
• Requiring an individual to keep a certain distance from you at all times, including prohibiting them from being around your home, workplace, or school
• Ordering a person to move out of your home
• Revoking an individual’s right to possess firearms
• Altering custody arrangements to keep children safe

Restraining orders are intended to keep you safe from a person’s threatening or abusive behavior. Therefore, the court will consider details of the person’s actions to ensure the protective order covers all necessary bases.

Different Types of Restraining Orders

Below are some of the common types of restraining orders. 

It is important to note that every state handles restraining orders differently. Therefore, some of the following may have different names or requirements, depending on your state’s laws. 

Discussing your situation and needs with a lawyer is imperative to determine what kind of restraining order you need and how to file for one. 

Emergency Protective Orders

Restraining orders can take time to get, but sometimes, an individual cannot wait to get protection. When immediate legal intervention is needed, you may file for an emergency protective order (EPO). 

An emergency protective order operates the same as a restraining order; the only difference is how quickly you can get one. 

The way to get an emergency protective order depends on your state and jurisdiction. In some areas, the police may request an EPO on your behalf if you call them in fear for your life. Other states require filling out and filing a form with your local court. The court usually reviews your petition within 24 hours to quickly grant or deny your request. 

An emergency protective order is temporary, and the amount of time it remains in place varies by state. In many cases, the EPO may remain active until your hearing, allowing the judge to hear from you and the respondent and decide whether or not to make the restraining order permanent. 

Temporary Restraining Orders

Temporary restraining orders are similar to emergency protective orders. 

You may petition the court for a temporary restraining order (TRO) if you believe you’re in imminent danger. Courts often review petitions for TROs quickly. If the judge believes a TRO is necessary, they can grant one without having to attend a hearing. It is important to be as descriptive as possible when petitioning for a TRO, as judges usually solely base their decisions on the information provided.

Only after court proceedings will a judge be able to hear from both sides and determine whether to make the restraining order permanent or vacate the order altogether. 

Permanent Restraining Orders

Permanent restraining orders also referred to as final orders or final injunctions, provide protection permanently. This does not always mean the restraining order lasts forever; while some states allow permanent orders to remain in effect indefinitely, some have expiration dates. For example, some restraining orders expire after five years. Should you want to maintain the order, you can petition the court once again. 

If either the petitioner or respondent wishes to modify or dissolve a permanent order with no end date, they can petition the court. 

Other Types of Restraining Orders

States also provide other types of restraining orders, depending on the petitioner’s needs and state laws, including:

• Domestic Violence Restraining Orders (DVRO)
• Civil Harassment Restraining Orders
• Elder Abuse Restraining Orders
• Workplace Violence Restraining Orders

Depending on your circumstances and your state’s requirements, a lawyer can guide you toward the type of restraining order that would benefit your situation. 

Filing for a Restraining Order

The way you file for a restraining order depends on the type of order you seek and your jurisdiction’s requirements. Generally, you can expect to complete the following steps for filing a restraining order. 

Determine What Kind of Restraining Order You Need

Different restraining orders have certain requirements. Therefore, the very first step is deciding what kind of restraining order you’d need to accomplish your goals. 

If you’re unsure of state laws and which restraining order would suit your needs, discuss it with your lawyer. 

Draft and File Your Forms with the Court

Once you know what kind of restraining order you wish to obtain, you can fill out and file your forms to petition the court. What you’ll need to file is based on the type of injunction you’re pursuing. 

It is important to include as many details as possible, as a judge may be basing their decision on the information you provide. 

Receive a Decision from the Court

After the court reviews your petition, they’ll provide a decision. Some of the decisions you may receive include:

• A temporary order with an order for a final hearing
• A denial of your temporary order and order for a final hearing
• A denial of your petition altogether

The decision you receive highly depends on the type of restraining order you seek and the way the court handles restraining orders. 

Attend Your Hearing

If the court issues an order for a final hearing, this means the judge wants to hear from both you, as the petitioner, and the respondent. They can hear both sides’ arguments and review the evidence presented to make their final decision.

The judge can either dismiss the injunction (meaning you no longer have any protection) or enter a final judgment making the temporary order permanent. 

Understand Your Restraining Order

If the judge grants a permanent restraining order, be sure to read it over to better understand the protections it offers. Also, be sure to keep a copy easily accessible just in the event the respondent violates the order and you need to show it to law enforcement.