What to know about restraining orders

  • By Mike Brock
  • 12 Sep, 2020

The Power of a Restraining Order

You’ve probably seen examples of restraining orders (and the stressful circumstances surrounding them) on some of your favorite TV shows, but how much is fact and how much is fiction?

Whether you need a restraining order or you’re just curious about how they work, here’s what to know about why, how and when to get one in real life.

The Basics

There are many types of restraining orders, including those that protect elder and dependent adults, minor children and workplaces. An individual who wants to get a restraining order should first complete the necessary forms for the order. They should then serve papers for the request on the party to be restrained.

Next, the court will set a hearing. At the hearing, the court will grant or deny the request for an order.

Penalties for Violation 

When a party who has been restrained violates a restraining order, they can be penalized with a period of incarceration and a fine. A restraining order is issued by a civil court. A violation of an order can be charged as a criminal offense.

Using a Restraining Order Effectively 

A restraining order can be a tool to protect a victim, pets and property. To get a restraining order granted, an individual must explain what occurred clearly and concisely and in chronological order.

The court wants a petitioner to get to the point by presenting concrete evidence of the harasser’s actual or threatened abuse.

When to Get Help 

A petitioner should consider getting help if their petition rambles, seems overly broad or cannot clearly explain the harm the harasser has done or threatens to do. The petitioner should seek help from an attorney rather than a victim advocate or other party who is not a legal professional.


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