What is a Protective or Restraining Order?
By: WomensLaw.org
A protective order is a legal order issued by a state court which requires one person to stop harming another person. It is also sometimes called a protection order, a restraining order, a TPO or TRO ("temporary protection order" or "temporary restraining order"), or some other similar name. All protective order laws are state laws, not federal laws, and each state has a different law (also called a statute). You can get specific information on the laws in your state by using the pull down menu on the top, left-hand side of this page.
In general, domestic violence protective order laws establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. While there are differences from state to state, all protective order statutes permit the court to order the abuser to stay away from you, your home, your workplace or your school ("stay away" provisions) and to stop contacting you. You generally also can ask the court to order that all contact, whether by telephone, notes, mail, fax, email or delivery of flowers or gifts, is prohibited ("no contact" provisions). Courts can also order the abuser to stop hurting or threatening you ("cease abuse" provisions).
Some statutes also allow the court to order the abuser to pay you temporary support or continue to make mortgage payments on a home owned by both of you ("support" provisions), to award you sole use of a home or car owned by both of you ("exclusive use" provisions), or to pay you for medical costs or property damage caused by the abuser ("restitution" provisions).
Some courts might also be able to order the abuser to turn over any guns, rifles and ammunition he has ("relinquish firearms" provisions), attend a batterers' treatment program, appear for regular drug tests, or start alcohol or drug abuse counseling.
Many jurisdictions also allow the court to make decisions about the care and safety of your children. Courts can order the abuser to stay away from and have no contact with your children's doctors, daycare, school or after-school job. Most courts can make temporary custody decisions, although many courts are very reluctant to do so. Some can issue visitation or child support orders. You can also ask the court to order supervised visitation, or to specify a safe arrangement for transferring the children back and forth between you and the abuser ("custody, visitation and child support" provisions).
When the abuser does something that the court has ordered him not to do, or fails to do something the court has ordered him to do, he has violated the order. The victim can ask the police or the court, or both, depending on the violation, to enforce the order. The police can generally enforce the stay away, no contact, cease abuse, exclusive use, and custody provisions - those that need immediate response. If you are unable to call them when the violation occurs, they should take a report if you call them soon afterwards. These types of violations can also later be addressed by the court, and it is often a good idea to bring them to the court's attention.
Other violations are not easily enforced by the police, such as failure to pay support or attend treatment programs - those are better enforced by the court. If you file a "motion for contempt" explaining how the abuser violated the order, the court will hold a hearing to determine if the facts prove that the abuser violated the order. If the court finds a violation did occur, it will determine a penalty. Depending upon the laws of your jurisdiction and the nature of the violation, the penalty might be a finding of civil or criminal contempt, which could result in a fine, jail time or both. In some cases, it might result in a misdemeanor or felony criminal conviction and punishment.