A restraining order is a direction from a judge forbidding certain actions. In most states such orders are issued cautiously in specific types of situations, usually to protect victims of abuse or harassment. Restraining orders, also called protective orders, orders of protection, or civil injunctions, can be divided in at least two ways based on how they’re issued and what they protect against. Generally, however, the kinds of orders available to you are based on state law.
Emergency Orders
Procedurally speaking, the most immediate kind of restraining order is the emergency protective order. These are issued when a judge is convinced a petitioner is in danger of imminent violence. This determination is made without a hearing in which the restrained party can defend herself against the accusation. An emergency order goes into effect immediately, but only lasts a limited period of time. Usually a hearing is held on the matter within about two weeks to determine if additional action is necessary.
Temporary Restraining Orders
Similar to an emergency order, a temporary restraining order, or TRO, is issued when there is a likelihood of violence to the petitioner prior to a formal hearing. As the name implies, a temporary restraining order is of limited duration, often just a few weeks, but can usually be renewed to remain in effect until a hearing is held. When considering whether to issue a temporary restraining order, the judge must consider and balance the rights of the restrained person against the likely risks to the person seeking the order.
Permanent Orders
Despite the name, permanent orders do not last forever. Usually, they are in effect for two to four years and can be renewed. A permanent order is issued only after a hearing in which both sides have the opportunity to be represented. If the judge is still convinced a restraining order is appropriate, it can be issued for a significant duration. For the order to be renewed, a new hearing must be held to determine whether the renewal is justified.
Domestic Violence
The most common and perhaps most important kind of restraining order is the domestic violence protective order. Virtually every state offers some kind of restraining order to shield the victims or potential victims of domestic abuse. State laws usually establish a broad definition of domestic violence, which typically includes any kind of assault or battery committed by any person living or who has lived in the same residence as the petitioner, or with whom a romantic relationship has existed.
Harrassment and Stalking
Some states, but not all, offer protective orders against stalking or harassment. The issuance of such orders can be potentially controversial because stalking can be difficult to prove or define. Harrassment also carries with it a somewhat subjective element, since what is harassment to one person might not be to another. If your state offers these kinds of restraining orders, state law definitions will give you a better understanding of what constitutes these offensive acts.
Other Kinds of Protection
Though less common, other kinds of restraining orders are meant to prevent workplace violence and elder or dependent care abuse. In California, for instance, a workplace violence restraining order must be sought by an employer on behalf of an employee that has been the victim of violence or the threat of violence in the workplace. Elder and dependent care restraining orders can be obtained by people over 65 or with certain disabilities who have been mistreated by a family member or caregiver.
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