How Does a Restraining Order Work?

Restraining orders are a court order of a presiding criminal Judge. Violating the order can and normally does result in arrest. It is intended to keep you out of harms way and also keep peace in the community. It can also be used against individuals that are skirting on the edge of stalking.

• Restraining orders often occur in domestic abuse cases.


• Understand that restraining orders normally keep all forms of contact between the abuser and the abused from being allowed.


• Providing information to one's local courts or prosecutors of an abusive atmosphere can result in a restraining order.


• Keeping distance from the abuser is both parties' responsibilities.


• Stay your distance from the abuser's known places of residence.


• Remember in most jurisdictions phone calls or verbal contact is illegal between the two parties involved in the restraining order.


• Keep in mind that there is no criminal record for the abuser who has a restraining order placed against him or her, as it is a civil order.


• Keeping the abuser from the scene of the violence, which may include one's home, place of work or apartment is the main purpose of a restraining order.


• Know that sometimes when a restraining order is placed the abuser may have to get some form or forms of counseling up to and including anger management or substance abuse treatment.


• Stay aware of the length of time the restraining order is place for. Be vigilant about knowing when the order expires and whether or not you want to keep it in place.


• Should you want to rescind a restraining order, a talk with the prosecutor or a local attorney is normally required.