Restraining orders (which may also be known as “protective orders”) are orders issued by a court to protect people, businesses, or the general public from harm in situations where there is an allegation of domestic violence, stalking, harassment, assault, or sexual assault.
The restraining orders give the court the power to order a person to stay a certain distance away from another home, person, group of people (such as all of the other members of a family in a domestic violence situation), or business. The restraining order might include a “no contact” provision, ordering the person to refrain from making any contact via phone, email, letter, delivery, etc.
There are several different types of restraining orders that a court might use.
Temporary Restraining Order (TRO): this is a restraining order that is in effect until the court can hold a hearing to review the facts surrounding the need for the order. A TRO will usually have a set expiration date, or will last until the court hearing. At the hearing the court will decide if there is a need for a long term restraining order and if so, how long it should last.
Emergency Protective Order (EPO): An emergency protective order is a restraining order issued by the police after responding to the scene of a domestic violence case. An EPO is effective immediately and usually lasts no longer that a week. In that time the person can file for a long term order.
Permanent Restraining Order (PRO): Permanent restraining orders are put into effect after a court case is finalized will last for years, if not forever. Some specific examples of PROs include:
How long a restraining order lasts depends on the type of order and the specific facts of the case. Restraining orders that are issued before the court has the opportunity to review the facts will only last for a few days or weeks. Generally the order will not expire until the court has a hearing.
At the hearing the court will hear from both sides and make a decision regarding whether a permanent restraining order is necessary and appropriate. A permanent order may not expire for years.
Some states limit how long a restraining order can last, but allow the court to issue a longer order depending on the circumstances. For example, in Texas, a domestic violence restraining order can only last for two years.
However the court can issue an order for longer if certain facts exist. Such as the abuser caused bodily injury or committed a felony against the victim or another member of the family or household. Either party can also ask the court for a hearing to modify, extend, or remove a restraining order.
It is important to always have a copy of your restraining order with you at all times. Everyone protected by the order should have copies of the order. A copy should be kept in a safe place and on file with your local police department.
If the restraining order is violated, then the first step is to call the police. When the police arrive, show them the restraining order. It is a crime to disobey any court order and the police can arrest the abuser for violating the order.
There will be a court hearing to determine whether the order was violated, and if so, what the punishment will be. The court may impose civil and/or criminal penalties.
Violating a restraining order in place to protect a business or building may result in civil penalties, like a monetary fine. Violating a restraining order that protects a person or people from violence, stalking, or harassment can lead to civil and/or criminal penalties. The abuser may also face additional criminal charges if they committed a crime in addition to violating the restraining order.
If you are served with a temporary restraining order it is important to comply with the order. You will have the opportunity to contest a permanent order at the hearing. Gather evidence related to the incident or incidents that led to the order. Contact witnesses that might have relevant information.
If the information used to obtain a restraining order against you is not accurate, then you will need to bring evidence to the hearing to show that the allegations are false.
If there are children involved, or a restraining order affects access to your home or your workplace, then the court might consider those factors and address them in the final restraining order. However, a restraining order can still be issued even if it means forcing someone to move out of their home or prevents them from going to work.
Restraining orders can have serious consequences and it is important to consult with an experienced attorney. If you think you need to obtain a restraining order, or have been served with a temporary restraining order, you should reach out to a criminal attorney or family law attorney.
You should have legal representation at the hearing where the court will decide whether or not to issue a permanent restraining order. An attorney can also advise you on other ways of protecting yourself, your family, and your assets.
Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law, and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California, and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts. Read More
Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law, and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California, and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts.
Last Updated: Jun 23, 2020We've helped more than 7 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.