Restraining order

A restraining order or protective order is an order used by a court to protect a person or entity, and the general public, in a situation involving alleged domestic violence, harassment, stalking, or sexual assault. In the United States, every state has some form of domestic violence restraining order law, and many states also have specific restraining order laws for stalking and sexual assault.

Restraining and personal protection order laws vary from one jurisdiction to another but all 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. The court will order the adverse party to refrain from certain actions and/or require compliance with certain provisions. Failure to comply is a violation of the order which can result in the arrest and prosecution of the offender. Violations in some jurisdictions may also constitute criminal or civil contempt of court.

All protective order statutes permit the court to instruct an alleged abuser to stay a certain distance away from someone, their home, their workplace or their school ("stay away" provisions) and to not contact them. Alleged victims generally may also request the court to order that all contact, whether it be by telephone, notes, mail, fax, email or delivery of flowers or gifts, be prohibited ("no contact" provisions). Courts can also instruct an alleged abuser to not hurt or threaten someone ("cease abuse" provisions).

Some states also allow the court to order the alleged abuser to pay temporary support or continue to make mortgage payments on a home owned by both people ("support" provisions), to award sole use of a home or car owned by both people ("exclusive use" provisions), or to pay for medical costs or property damage caused by the alleged abuser ("restitution" provisions). Some courts might also be able to instruct the alleged abuser to turn over any firearms and ammunition he or she has ("relinquish firearms" provisions), attend a batterers' treatment program, appear for regular drug tests, or start alcohol or drug abuse counselling.

Many jurisdictions also allow the court to make decisions about the care and safety of any children who are living or closely involved with those who petition for or respond to a restraining order. Courts can order an alleged abuser to stay away from and have no contact with the children, the children's doctors, daycare, school or after-school job. Most courts can make temporary child custody decisions. Some can issue visitation or child support orders. An alleged victim can also ask the court to order supervised visitation, or to specify a safe arrangement for transferring the children back and forth ("custody, visitation and child support" provisions).

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