Types of Restraining Orders
A restraining order is a court order that may help protect you from being physically abused, threatened, stalked or harassed.
How much does it cost?
In many cases, there are no court fees to get a restraining order.
What kind of restraining orders are there?
There are 5 kinds of restraining orders people commonly ask for:
- Emergency Protective Orders:
If you believe you are in danger, any police officer can help you with an emergency protective order. These can be used to protect you at home and at work. They last for up to 7 days. If you want protection for longer then 7 days, you must ask the Court for another kind of restraining order.
- Domestic Violence Restraining Orders:
Domestic violence means there has been violence or abuse in a family, a home, or between people who have a close relationship. This abuse can be physical, sexual, or verbal. (For more information see the back of this page.)
- Civil Harassment Restraining Orders:
Harassment is violence, a threat of violence, or actions that really scare, annoy or harass you, done on purpose and for no good reason. A civil harassment order can be used to protect you from roommates, neighbors or co-workers.
- Elder or Dependent Adult Abuse Restraining Orders:
These orders are for people who 65 years old or older – or are between the ages of 18 and 64 years and have certain disabilities – and are a victim of physical or financial abuse, neglect, abandonment or treatment that has physically or mentally hurt them.
- Workplace Violence Restraining Orders:
These are for employers who want a restraining order to protect an employee who has suffered violence, or a real threat of violence, at the workplace. (NOTE: An employee who wants protection at work needs to get a Civil Harassment Restraining Order).
Domestic Violence Restraining Orders
Domestic violence means there has been violence or abuse in a family, a home, or between people who have a close relationship. This abuse can be physical, sexual, or verbal, and can be by:
- A spouse or former spouse;
- People who are dating or used to date (it does not have to be an intimate or sexual relationship);
- The mother or father of a child;
- People related to each other by blood, marriage, or adoption to the 2nd degree (such as a mother, father, child, brother, sister, grandparent, or in-law);
- A person who regularly lives or used to live in the home.
IF YOU NEED PROTECTION RIGHT NOW, you should call 911, or
- a local law enforcement agency, or
- domestic violence shelter, or
- the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-799-SAFE.
When the police come, ask for an Emergency Protective Order.
- A police officer that answers a domestic violence call can ask a judge for an Emergency Protective Order at any time of the day or night. Explain in detail to the police officer why you are afraid.
- The Emergency Protective Order starts immediately and can last a week. The judge can order the abusive person to leave the home and stay away from you and your children for up to 7 days.
NOTE: If you also have a criminal case, anything you say or write in a family law case can be used against you. Consult with an attorney.
The Emergency Protective Order will only last 7 days.
To get protection for much longer, go to Court and ask for a Domestic Violence Protection Order.
<BACK TO YOU AND THE COURT
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