In the United States, there are a variety of options available to individuals who are victims of a domestic assault or who fear that someone else is threatening their safety. Restraining orders come from a court, and require that a person not "do something, such as make contact with another person, enter the family home, or remove a child from the state," according to Nolo's Plain-English Law Dictionary. While they can be granted for business or financial reasons, restraining orders are more commonly applied in domestic violence situations.
Restraining orders are not permanent and are also known as a TRO or temporary restraining order. They can be granted without a hearing or notifying the defendant beforehand. Court hearings generally follow shortly after an order is granted, permitting both sides to testify and present any evidence regarding the reason for the order. A judge will then decide whether to make the order last for a longer period of time. Domestic violence victims, for example, may be able to obtain an order that lasts two years, and then may apply later to have that time frame extended.
Check your state for Restraining order procedures.
Most states require that an attorney help a victim obtain a restraining order. In other states such as New York or California, however, a court clerk hands out a packet of forms and can help ensure they are completed properly. After your forms are finished, you will go before a judge to show evidence of abuse. Naturally, problems can occur at any time of day, and some judges try to be available after normal business hours to issue a TRO if necessary.
In the event you live in an area where judges do not grant a TRO after hours and you are in need of quick assistance, contact your local police department. Many departments are permitted to issue an emergency protective order when courts are out of session. They typically last just for the duration of a weekend or holiday, but the provisions are otherwise the same as a TRO. You will be required to go to court the next business day to obtain a TRO.
Protect yourself. There are important facts to consider if you are trying to gain control of your domestic violence case, according to FindLaw's Divorce & Family Law Center, "What some fail to understand is that, despite the social awareness and sympathy surrounding domestic violence, the decision to grant a restraining order is based on law and legal process." To help your situation, call the police if you feel threatened or have already been a victim of violence, and take pictures of any injuries, regardless of whether the police have already done so.
Once your restraining order is in place, be sure to register it in all communities where the abuser has been ordered to stay away from you. Local police stations can help you register your order. If abuse continues after your order is issued, the police will be "far more willing to intervene when you have a TRO than when you don't," FindLaw concluded. Nonetheless, domestic violence is a crime in all states and a TRO is not necessary for the police to investigate your problem.
