Victims of domestic violence have specific legal rights. One of the legal remedies available to domestic violence victims is something called a domestic violence restraining order. This order, issued by a court, is designed to protect someone from acts of abuse or violence by someone else. For the purposes of the U.S. Domestic Violence Prevention Act, abuse is defined in several ways, including:
- Purposefully or carelessly causing or attempting to cause personal bodily injury on someone else
- Sexual assaults
- Making immediate threats of violence against someone else, or placing someone else in immediate harm of serious injury.
- Engaging in any threatening or violent behavior, including harassment, stalking, verbal or written threats, destroying personal property, making unwanted physical contact, molestation, or attacks against someone else.
Who is Subject to a Domestic Violence Restraining Order?
In order for a domestic violence restraining order to be issued by a court, the protected person must be able to demonstrate the past or impending injury or personal harm. In addition, the abuser or batterer (in the case of restraining orders, the “restrained person”, must be:
- A spouse or ex-spouse
- Someone the protected person has dated or is dating
- An immediate family member, including siblings, parents, adult children, grandparents, and in-laws
- A person with which the abuse victim has had children with
What Kinds of Restraining Orders are There?
There are several types of restraining orders, each designed to protect the victim from further abuse or harassment at the hands of another person. In addition to domestic violence restraining orders, there are keep-away orders, move-out orders, child visitation and custody orders, and several other kinds. Each has specific responsibilities the restrained person must follow. For example, in a keep-away order, the restrained person must stay a specified distance from the protected person and his or her residence, place of work, schools, and any other place decreed by the court order. Violating the restraining order may result in significant fines and/or jail time, depending on the actions taken by the restrained person and the conditions of the order itself.
In divorces, especially those that involve strong emotions and fights, a court may issue one or more protective orders during the proceedings. This ensures protection from one person against the actions, threats, and harassment by another. For details on what legal protections you may be entitled to as part of a restraining order, speak to a family law attorney as soon as possible.