What is a Permanent Restraining Order?

A permanent restraining order is a court decree that lasts forever. Judges hand these out cautiously and at their discretion. Go here.

To get one, you must provide the court with proof that makes a reasonable person fear for their safety. This could include physical abuse, threats of physical harm, or stalking.

What is a restraining order?

A restraining order – also called a protective order – is a court-issued legal document that prohibits an abuser from harassing, stalking, assaulting, and/or attacking you or any other person named in the petition. It can also restrict the alleged offender from coming near your home or other property and forbids them from making changes in your insurance policies.

The procedures for getting a restraining order vary by state, but courts try to make it as easy as possible for victims. Your local court’s website will likely provide helpful information and forms you can fill out.

If the restraining order is granted, it will be entered into the state’s law enforcement database, and police can arrest the offender if they break any of its terms. It can also impact custody/visitation and child support decisions, if applicable. The judge will usually listen to the victim and review any evidence presented before making a ruling. Violating a restraining order is considered contempt of court, which could lead to criminal charges.

What are the consequences of violating a restraining order?

Violating an order of protection is considered a criminal act, and can carry serious legal penalties. The judge who grants the restraining order may also include specific provisions such as prohibiting contact or requiring that the restrained party stay away from certain people and places, or ordering that they not possess weapons.

Depending on the circumstances, violating a restraining order could result in civil contempt or criminal contempt charges. A judge may also include in a restraining order other conditions such as requiring the suspect to wear a GPS ankle monitor or allowing the victim to move out of the home they shared.

A restraining order prohibits the accused party from having any physical or sexual contact with the protected individual. This includes family members, such as blood relatives or those who married into the family, and may even extend to children and pets. The restraining order can also prohibit the accused party from making any phone calls or sending emails to the protected person.

How do I apply for a restraining order?

The process varies by state. It’s important to seek out a domestic violence hotline or attorney early, as they can explain the specifics of the process in your jurisdiction and give you helpful tips to help prepare.

The application will require a description of the abuse you’ve suffered, such as dates and times. A lawyer can help you fill out this form, and also help you assemble supporting evidence such as letters or texts from the abusive person, pictures of damage to your property, or even video footage. Having witnesses is crucial to a successful restraining order case.

After the judge approves the TRO, police will serve it to the alleged abuser. Then, within 10 days of the TRO’s issuance, you will have a final hearing where the judge decides whether to grant a permanent restraining order (FRO). The FRO provides long-term protection. If the judge grants the FRO, you will not be allowed to contact each other in any way, including through a phone call or text message.

How do I contest a restraining order?

A restraining order is a powerful legal tool that can have serious consequences for anyone who violates it. If you are the victim of domestic violence or have a fear of future abuse, restraining orders can be invaluable. However, you should be aware of what restraining orders mean before they are enforced.

The person who filed a restraining order must prove the allegations in court, typically through a preponderance of evidence, which is a legal term for more likely than not. This is why it is so important to have your own attorney, who can present evidence in your defense, such as witness testimony, medical records, and copies of texts, e-mails, or voicemails that support your side of the story.

It is also important to understand that, if you violate the terms of a restraining order, you may be subjected to criminal penalties. This includes not only fines, but jail time. It is important to take any restraining order seriously and, if you believe that the judge who issued the restraining order was not properly considering the evidence or making an unfair judgment, you can file an appeal.