Restraining Order

A restraining order, also referred to as a protective order, is an order issued by a court which requests a party refrain from certain activities. Restraining orders are commonly issued against persons who are harassing or stalking another person and the person who requests the order fears for their physical safety.

Some states differentiate between the terms restraining order and protective order. For example, in some states victims must request a protective order if they want protection from potentially illegal activities (i.e., stalking and harassment), whereas a restraining order specifically refers to an order which prevents another party from taking actions such as taking a child out of state or disposing of property.

For this discussion the term restraining order is used to refer to an order to stop illegal actions such as stalking or harassing another person.

How do I get a restraining order?

To obtain a restraining order the court will require the requester to show evidence that they have been the victim of some type of violence or threat of violence and these actions are likely to continue.

When a restraining order is requested the court may decide to immediately grant it, although they will eventually schedule a hearing to allow all parties a chance to give testimony.

Under the order the court may ask the offending party to stop certain actions such as going near the requester, vacating the premises if both parties live together, or avoid going to the requester’s place of employer.

The type of restraining order as described above can be enforced by the police. Persons who fail to comply with the restraining or violate the order in any way may be arrested and charged with a crime. Penalties assessed for violating a restraining order vary, depending on the violation.

Does a restraining order work?

Experts disagree about the effectiveness of a restraining order. Studies have been conducted and several suggest that violations of restraining orders may be as high as 40%. Other studies indicate the violations could be even higher if the restraining order was obtained for stalking, with victims reporting their stalkers violated the order close to 70% of the time.

Further evidence suggests that violations of retraining orders often lead to even more serious crimes being committed against the victim. No one knows for sure why this might be the case, but some experts argue that the act of getting a restraining order may enrage certain perpetrators and unwittingly lure some women or men into a false sense of protection.