Domestic violence protective orders, often called restraining orders, are court orders designed to protect victims from further abuse or threats. These orders can require an abuser to stay away from you, cease contact, move out of a shared residence, and comply with other restrictions meant to keep you safe.
Our friends at The Spagnola Law Firm help clients obtain protective orders when they face domestic violence, stalking, or harassment from intimate partners or family members. A domestic violence lawyer can guide you through the process of requesting emergency protection, preparing for hearings, and understanding what a protective order can and cannot accomplish.
What Qualifies As Domestic Violence
Domestic violence includes more than physical assault. Courts recognize various forms of abuse when considering protective order requests.
Physical abuse encompasses hitting, pushing, choking, restraining, or any unwanted physical contact intended to harm or intimidate. Injuries don’t need to be severe for behavior to qualify as domestic violence.
Threats of violence constitute domestic violence even without physical contact. Threatening to hurt you, your children, or others you care about creates fear and can support protective order requests.
Sexual abuse or coercion falls under domestic violence. Forcing or pressuring you into sexual activity, including within marriage, qualifies as abuse.
Emotional and psychological abuse can support protective orders in many jurisdictions. Constant belittling, isolation from family and friends, extreme jealousy, or controlling behavior that creates fear may qualify depending on your state’s laws.
Stalking behaviors like following you, showing up at your work or home uninvited, excessive monitoring of your activities, or unwanted repeated contact can justify protective orders.
Who Can Obtain Protective Orders
Most states allow protective orders between current or former intimate partners. This includes spouses, former spouses, people who are dating or have dated, and people who live together or have lived together.
Parents of children together typically qualify for protective orders against each other regardless of whether they were ever married or lived together.
Family members might be able to obtain protective orders against other family members depending on state law. The definition of qualifying family relationships varies by jurisdiction.
Types Of Protective Orders
Emergency or temporary protective orders provide immediate protection. These can be obtained quickly, sometimes the same day you apply, and remain in effect for a short period until a full hearing can be scheduled.
Courts often issue temporary orders based solely on your written petition without requiring the other party to be present. The judge reviews your allegations and decides whether immediate protection is necessary.
Full protective orders, sometimes called permanent or final orders, are issued after a hearing where both parties can present evidence. Despite being called permanent, these orders typically last for a specified period, often one to three years, though they can be extended.
How To Obtain An Emergency Protective Order
You can request a protective order at your local courthouse, often at a designated domestic violence or family court clerk’s office. Many courts have victim advocates who can help you complete the necessary paperwork.
The petition requires you to describe the abuse you’ve experienced. Be specific about dates, times, and what happened. Detail recent incidents as well as any pattern of abuse over time.
Important information to include in your petition:
- Specific incidents of abuse with dates and descriptions
- Any injuries you sustained with medical records if available
- Witnesses who saw or heard the abuse
- Police reports if law enforcement was called
- Photos of injuries or property damage
- Threatening messages, emails, or texts
Include information about children if applicable. Courts need to know about shared children and any concerns about their safety.
You’ll typically appear before a judge the same day or within a few days of filing. The judge reviews your petition and might ask you questions about the abuse. If the judge finds sufficient evidence of danger, they’ll issue a temporary protective order.
What Protective Orders Can Require
Protective orders can include various provisions depending on your situation and what you request. Common provisions prohibit the abuser from contacting you directly or indirectly, including through third parties, phone calls, texts, emails, or social media.
Stay-away orders require the abuser to maintain a specified distance from you, your home, your workplace, your children’s schools, or other locations you frequent. Typical distances range from 50 to 500 feet depending on circumstances.
Vacate orders require the abuser to move out of a shared residence, even if they own or lease the property. Your safety takes precedence over property rights in protective order cases.
Custody and visitation provisions can be included in protective orders. Courts might grant you temporary custody or order supervised visitation if the abuser poses danger to the children.
Firearms restrictions often prohibit subjects of protective orders from possessing guns. Federal law restricts firearm possession for people subject to certain protective orders, and many states have additional restrictions.
The Full Hearing Process
After a temporary order is issued, the court schedules a full hearing where both parties can present evidence. The respondent receives notice of this hearing and the temporary order.
At the full hearing, both sides can testify, call witnesses, and present documentary evidence. You must prove by a preponderance of the evidence that abuse occurred and you need ongoing protection.
The respondent can contest your allegations and present their own evidence. They might claim incidents didn’t happen as you described or that you don’t need protection.
Bring all available evidence to the hearing. Photos of injuries, medical records, police reports, witness testimony, and records of threatening communications strengthen your case.
If the judge finds you’ve met your burden of proof, they’ll issue a final protective order specifying its duration and conditions. If the judge doesn’t find sufficient evidence, the temporary order expires and no final order is issued.
Enforcement Of Protective Orders
Protective orders are enforceable by law enforcement. Violating a protective order is a crime in most jurisdictions, punishable by arrest, fines, and jail time.
If the respondent violates the order, call the police immediately. Keep a copy of your protective order with you at all times and provide it to responding officers.
Document all violations. Save any messages sent in violation of no-contact provisions, note the dates and times of any in-person contact, and gather witness information when possible.
You can file contempt motions for violations, which can result in additional penalties. Serious or repeated violations might lead to criminal charges beyond contempt.
Impact On Other Legal Proceedings
Protective orders can affect pending divorce or custody cases. The existence of a protective order influences custody decisions and parenting time arrangements.
Courts consider domestic violence when determining custody and might order supervised visitation or deny custody to abusive parents. The protective order serves as evidence of abuse in these proceedings.
Criminal charges can proceed separately from protective orders. Domestic violence might result in both a protective order in family court and criminal charges in criminal court.
Modifying Or Extending Protective Orders
You can request modifications to protective orders if your circumstances change. If you need additional restrictions or if certain provisions are no longer necessary, file a motion to modify.
Before protective orders expire, you can request extensions if you still need protection. Provide evidence that ongoing danger exists and explain why continued protection is necessary.
What Protective Orders Cannot Do
Protective orders don’t automatically grant you divorce, determine property division, or establish permanent custody arrangements. These issues require separate legal proceedings.
Orders only work if enforced. While violating protective orders is illegal, some abusers ignore them anyway. Protective orders are tools for legal protection, not physical barriers.
You cannot be forced to testify against the respondent in criminal proceedings based on violations, though your testimony might strengthen the case. Prosecutors can proceed with charges based on other evidence.
Safety Planning Beyond Legal Protection
Protective orders are important but shouldn’t be your only safety measure. Develop a comprehensive safety plan including safe places to go, trusted people to contact, and important documents stored securely outside your home.
Consider changing routines, routes, and schedules to be less predictable. Inform employers, schools, and childcare providers about the protective order and the person to exclude.
Domestic violence advocates and shelters provide additional resources, safety planning assistance, and support services beyond what courts can offer.
Moving Forward With Protection
Domestic violence protective orders provide legal tools for protecting yourself and your children from abuse, harassment, and threats through court-ordered restrictions that carry serious consequences when violated. Understanding what qualifies for protection, how to obtain emergency orders, and what these orders can accomplish helps you make informed decisions about your safety and legal options. If you’re experiencing domestic violence and need guidance on obtaining a protective order, understanding your rights, or coordinating protective orders with divorce or custody proceedings, reach out to discuss your situation and the steps necessary to protect yourself and your family.