Know the provisions of restraining orders
In family law, restraining orders are issued by a court to protect a person from abuse in cases of alleged domestic violence, child abuse, assault (sexual or physical), harassment, and stalking. Protective orders can include provisions to protect victims from alleged abusers in a number of ways. Provisions that might be sought in a protective order include:
- No contact. Requires the alleged abuser to cease all contact with the victim. Contact can include many forms of contact: phone, fax, email, text, social media, deliveries, and so on.
- No-violent contact. Requires the alleged abuser to cease hurting or threatening the victim. An order to cease abuse may be issued without a no contact order.
- Support. Require the alleged abuser to provide financial support, such as continuing to make mortgage payments
- Restitution. Requires the restoration of damages. Under this provision in an order, the alleged abuser may be required to pay for medical costs or property damage.
- Relinquish firearms. Requires the alleged abuser to surrender firearms and ammunition in their possession and be prevented from buying new ones.
In addition to these provisions, s protective order, depending on the circumstances, may also impose additional requirements on the alleged abuser, such as attending treatment programs, submit to drug testing, or undergo counseling. Legal consultation can help you petition for the provisions your situation requires.
Seeking a restraining order
When you’re in a situation that requires a restraining order, stress and uncertainty are high. Knowing the steps in the process can help. Here’s what you can expect you need to do:
- Obtain restraining order forms. To determine the forms you need, contact your state court or a local domestic violence resource center.
- 1Complete forms and gather evidence. When you complete the petition for an order an order, you provide information about you, about the alleged abuser, and the circumstanes that warrant the petition. Evidence you include in the affidavit submitted with your petition might include photos, threatening messages, police reports, medical records documenting injury and treatment.
- File and wait for your hearing date to be set. After you file your petition and affidavit with the court, your hearing will be scheduled–ususally within two week–and the alleged abuser will be served–that is, notified of the petition and the hearing date.
- Living in substandard or dilapidated housing
- Attend your court hearing. During the hearing, you will testify and the alleged abuser will have an opportunity to counter your petition. Bring your paperwork and evidence with you to the hearing. The judge hearing your case will rule on the order and, if granted, explain the provisions of the order to the abuser and the consequences for violating them.
- Carry and distribute the order. After you are issued an order, make copies and distribute them. At a minimum:
- Always keep a copy with you in case you need to present it to the police.
- Keep a copy in a safe place.
- Given a copy to anyone else under the protection of the order.
- Deliver a copy to places where the alleged abuser may not go (such as a school or daycare)
- Deliver a copy to the security officers where you live and work.
To locate local legal resources that can help you, check the National Domestic Violence Hotline.
