How to Get a Restraining Order: With Top Legal Reasons

What is a restraining order?

In short, a restraining order is a temporary order that prevents one person from taking an action in relation to another person. Typically, courts issue them to protect victims of abuse from harm, such as with a domestic violence case. However, U.S. law requires individuals to prove they're at risk of loss or injury to obtain one.

Still, courts understand that someone requesting a restraining order may need immediate protection. To accommodate that need, restraining orders come in several types. 

Types of restraining orders

The type and duration of a restraining order vary from one situation to another and from state to state. There are three main types:

• Emergency Protective Orders (EPO). Expedited in situations of immediate danger, typically only lasting a few days.
• Temporary Restraining Orders (TRO). Provide temporary protection until a court hearing can be held, usually lasting up to 14-21 days.
• Permanent Restraining Orders. Granted after a court hearing to offer long-term protection, often lasting up to several years, depending on the state.

Both an EPO and TRO can be ex parte protective orders, meaning they're executed without notifying the respondent (the other party) in order to provide necessary immediate protection.

Eligibility criteria

To receive a protective order, you need to prove to a judge that you're in danger of harm. Although the justifications vary by state, there are commonalities. One of the most common justifications is to stop a person from harassing or stalking you, especially if there's a threat of physical or psychological abuse. In this case, you could file a domestic violence restraining order, a sexual assault/harassment restraining order, or an emergency protective order while you wait for the full hearing.

Typically, you can file a domestic violence restraining order against any of the following people:

• A spouse or ex-spouse
• Someone who lives with you
• Someone you're dating or have dated

If you don't have one of the above relationships with the person you're seeking protection from, you can file a non-domestic violence order against them as long as you can prove that you're in danger. On the other hand, you may also request a restraining order to prevent property loss and destruction in some states, such as Tennessee.

Womenslaw.org is a great resource to check for specific laws in your state. 

How to get a restraining order in 7 steps

Each state has its own specific laws for obtaining a restraining order, but most states follow a general process with some nuance.

• Step 1: Seek immediate safety. If in immediate danger, call 911. In most states, a law enforcement officer can issue an emergency protective order following a family violence arrest to protect you (and any minor children) until you have a chance to go to court.
• Step 2: Obtain the necessary forms. The only way you can get a final restraining order is to go through the court. Visit the closest courthouse near you that accepts restraining order cases or access their website to obtain the required court forms. Bring a government-issued ID in case the court requires notarization.
• Step 3: Complete the application. Provide detailed information about the incidents. The more specific you are, the more likely your case will be accepted. Include dates, times, locations, and precise descriptions of the aggressor's behavior.
• Step 4: File the application. Have the court clerk review your application and ensure nothing was left out. When you're ready, sign and submit your forms. There may or may not be a filing fee, depending on your state and circumstances. A judge will then review your case and set a court date for a full hearing. If they have reason to believe you're in immediate danger, they'll order a temporary ex parte protective order while you await trial.
• Step 5: Request service of process. Before the hearing, you must ensure the respondent is formally notified. Typically, law enforcement or a professional process server can present the court order on your behalf. This step is vital because it allows officers to enforce the order as soon as possible.
• Step 6: Attend the court hearing. On the designated hearing date, appear before a judge to present your case. In court, you’ll have the opportunity to present evidence and bring witnesses that support your claims. If you win your case, the judge can grant you a final restraining order, which can last up to five years, depending on the state.
• Step 7: Enforcement of the order. Once granted, keep a copy of the restraining order with you at all times and provide copies to relevant parties, such as employers or schools. In a domestic violence case, many states require the restraining order to be registered with the local law enforcement office.

If you need assistance seeking a restraining order, consider enlisting the help of a professional.

Can I get a restraining order? Top legal reasons

The following are the top legal justifications for obtaining a restraining order.

1. Domestic violence: Physical, emotional, or psychological abuse by a current or former spouse, partner, family member, or cohabitant. This includes physical assault, emotional abuse, sexual abuse or coercion, stalking, and more.

2. Stalking: Repeated and unwanted attention, contact, or behavior that causes you to fear for your safety. This includes cyber-stalking, such as sending repeated threatening or offensive communications via the internet, social media, or other digital platforms.

3. Harassment: Behavior intended to cause physical or emotional damage, such as repeatedly showing up uninvited to your home or workplace, spreading false rumors or defamatory statements, using offensive language, or striking you. Harassment or threats made via digital platforms, including social media, also qualify.

4. Threats or acts of violence: Any direct or indirect threats to harm you, your family, or your property. One of the primary reasons a person seeks a restraining order is because they've been threatened with or physically abused.

5. Sexual assault: Non-consensual sexual contact or attempted non-consensual sexual contact. Sexual assault can include rape, touching parts of your body, lewdness, stalking, and cyber harassment for the sake of humiliating you or arousing the abuser.

6. Child or elder abuse: Physical, emotional, or sexual harm or neglect of a child. Abuse, neglect, or exploitation of an elderly person by a caregiver or household member.

7. Concealing assets: Your ex-spouse moves or hides money or depletes your assets to prevent you from acquiring your fair share of property in a divorce.

8. Trademark infringement: Illegally using, selling, or manufacturing an item for which you have obtained a patent.

What proof do you need for a restraining order?

To obtain a restraining order, the burden of proof falls on the applicant to demonstrate that you are in danger of harm. While that may sound daunting, it's not as complicated as it sounds. The following are some of the ways that you can build a strong case:

• Keep records of all incidents. Save any interactions that demonstrate you've been threatened or attacked, including the following:
• Photographs of bruises, black eyes, or other injuries caused by the respondent
• Text messages, direct messages, social media posts, emails, and any other relevant communications that demonstrate threats or harmful language
• Voice mail messages in which the respondent has threatened you or your children
• Collect witness testimony. Gather statements from individuals who have witnessed the respondent physically harm or threaten you. This can include a family member, coworker, or friend
• Obtain copies of official records. This includes medical records of injuries, police reports related to the incidents, and calls made to the National Domestic Violence Hotline.
• Demonstrate a sense of fear. Show evidence of any measures that you've taken to secure your safety, such as installing a security camera, replacing your locks, and/or changing your commute. 

What protections does a restraining order provide?

Depending on the circumstances of your case, a restraining order can provide various protections, such as the following:

• Restrain the other party from contacting you, whether by phone, email, or in person.
• Restricts them from going to your place of employment or your children's school.
• Remove firearms or weapons from the restrained person.
• Address custody or visitation issues in domestic cases.
• Block the other party from using the patented item during an infringement lawsuit.
• Prevent an ex-spouse from concealing or depleting assets during divorce proceedings.
• Prohibit your abuser from contacting, harassing, threatening, and communicating with you or your children.
• Forces your abuser to move out of your home.
• Prevents the restrained person from owning a firearm.

FAQs 

How long does a restraining order last?

That depends on the type of restraining order and the state where it's issued. An emergency protective order only lasts for a few days. A temporary restraining order can remain effective for two or three weeks, while a permanent restraining order can last up to three years in some states and up to five years in others. 

Do I need a lawyer to file for a restraining order?

Technically no, you can file a restraining order by yourself. However, some courts recommend that you consult an attorney to ensure your case is as strong as possible. An attorney can also guide you through the nuances of filing in your state. 

What happens if the restrained person violates the order?

If your abuser violates the restraining order in any way, they can be immediately arrested and face criminal charges. It's important you keep the restraining order with you because if it's violated, you can immediately show the order to the police, who respond to your call.

How do I modify or extend a restraining order?

In some cases, you can extend or modify your restraining order by going back to court before it expires and petitioning for an extension. Similarly to when you initially filed, you'll have to prove to the judge why you believe an extension or modification is necessary. If they agree, they'll grant your petition.