What Are Valid Reasons for a Restraining Order?
Learn About the Four Types of Restraining Orders
A restraining order, also known as a protective order, is a court order that is meant to protect a specific individual, known as the “protected person.” Judges issue these orders to tell people to do or not do specific things that could endanger the protected person. A restraining order is meant to prevent instances of continued or threatened stalking and domestic violence. If children are involved in situations with a restraining order, the victim is granted full custody. For example, they can be used to protect the individual from the following actions of another individual who is deemed dangerous in this situation:
- Contacting, calling, or sending any kind of messages
- Stalking
- Threatening
- Attacking, striking, or battering
- Destroying personal property
- Harassing
- Disturbing the peace of the protected people
The four most common types of restraining orders include the following:
- Emergency
This type of restraining order can be used any time of the day or night in a domestic violence case if a law enforcement officer asserts reasonable grounds to believe the person who needs to be protected is “in immediate and present danger of domestic violence” based on the complainants “allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought.”
- Temporary
Temporary restraining orders (TROs) are short-term, pre-trial temporary injunctions. To get a TRO, one party must convince a judge that they will suffer immediate irreparable injury unless the order is issued. The nature of a TRO is that it only lasts until the court holds a hearing on whether or not to grant a preliminary injunction. It will expire after 14 days unless it is extended for another 14 days or unless the party against whom the order is directed agrees that it can be extended for a longer period of time.
- No-contact
With a no-contact restraining order, the individual being restrained by the order is prohibited from making physical contact or verbal communication with the victim. The requirements can include the following measures:
Prohibiting physical contact between the party the order is directed against and the protected person
Prohibiting the party the order is directed against from coming within a certain distance of the victim
Prohibiting the party the order is directed against from communicating with the victim through phone, email, postal mail, text, online chat, and other types of communication
Prohibiting the party the order is directed against from entering the victim’s family home or residence
Prohibiting the party the order is directed against from possessing or purchasing a firearm
Prohibiting the party the order is directed against from selling marital property
Requiring the children of the party the order is directed against to be removed from the jurisdiction
- Domestic violence
A domestic violence restraining order is a type of restraining order that goes into effect after the parties have held a hearing on the facts of the case and the party the order is being directed against has had an opportunity to defend themselves before the judge. The goal of the hearing will be to determine whether the individual has committed domestic violence. This would mean they have committed one of the following acts:
Causing or attempting to cause the victim physical injury
Sexually assaulting the victim
Causing the victim to fear that they or another person is in danger of immediate, serious physical injury
Depriving the individual of their basic needs
Controlling, regulating, or monitoring the movement, communication, activities, and finances of the victim
Molesting, attacking, using force against, or striking the victim
Stalking the victim
Isolating the victim from their friends, family, or other sources of support
Threatening or harassing the individual in person or through phone calls, emails, or other methods
Destroying the victim’s personal property
Disturbing the victim’s peace, such as through coercive control
Restraining orders are an important way to protect victims from abuse. Unfortunately, abusive individuals often find ways to violate restraining orders, in which case the victim can benefit from an enforcement. The team at The Clark Law Firm can help victims enforce their restraining orders and prevent violations from happening in the future.
If you need to seek an enforcement for a restraining order, call The Clark Law Firm at (817) 435-4970 or contact us online.