Domestic Violence Restraining Orders

In general, domestic violence restraining 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 allow the judge to order one or more of the following provisions:

1. Cease abuse- order the abuser to stop hurting or threatening you.
2. Stay away- the majority of states’ orders can instruct the abuser to stay away from you, your home, your workplace, or your school.
3. No contact- to prohibit all contact, whether by telephone, text messages, notes, mail, fax, email, through a third person, or delivery of flowers or gifts.
4. Support- order the abuser to pay you temporary child support or continue to make mortgage payments on a home owned by both of you.
5. Exclusive use- to award you sole use of a home or car owned by both of you.
6. Restitution- to pay you for medical costs or property damage caused by the abuser, for example.
7. Relinquish firearms- some courts might be able to order the abuser to turn over any guns, rifles and ammunition s/he has.
8. Treatment- to attend a batterers’ treatment program, appear for regular drug tests, or start alcohol or drug abuse counseling.
9. Custody, visitation, and child support- many jurisdictions also allow the court to make decisions about the care and safety of your children as part of your restraining order. Courts can order the abuser to stay away from and have no contact with your children’s doctors, daycare, school or after-school job and many courts can make temporary custody/visitation decisions. Some can even issue child support orders within the restraining order. 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.