What Are the Different Types of Restraining Orders?

A restraining order is a court order that protects you from another person who may be trying to harm you in any way shape or form. If you are feeling threatened by someone, the best thing to do would be to get a court-ordered restraining order as soon as you can to make sure that you are as protected as you can possibly be.

Main Types of Restraining Orders

Before you go ahead and file a restraining order, you must first determine what type of restraining order you plan on filing. There are three basic types of restraining orders that you can ask for: emergency protective order (EPO), temporary restraining order (TRO), or permanent restraining order.

An emergency protective order is enacted if the person requiring protection is in immediate danger of domestic violence from the person against whom the restraining order is being sought. These types of restraining orders can only be requested by a law enforcement official on behalf of the person under threat. An EPO can only be filed if a child is in danger of being abused or abducted, or an elderly person or a dependent adult is in immediate danger.

A temporary restraining order is only meant to last anywhere between 20 to 25 days, hence the name. This type of restraining order is issued when the judge believes that you are in immediate danger and you need protection before the court rules hears your case. Once the TRO is up, you will then attend a court hearing that decides whether or not that restraining order should be made permanent.

A permanent restraining order is issued only after the TRO is up and only after a court hearing is held. If the judge determines that the person asking for protection is indeed in danger, he or she might issue a permanent restraining order. The length of said restraining order all depends on each specific case. For example, a domestic violence restraining order is valid for five years while a civil harassment restraining order is valid for three years.

Other Types of Restraining Orders

If you have been the victim of abuse by someone who you have a close relationship with, you can file a domestic violence restraining order. These restraining orders are meant to protect you from anyone who you are married to, have a domestic partnership with, are dating, share a child with, or live with. It can also protect you from family members such as a parent, child, brother, sister, grandmother, grandfather, or in-laws.

An elder or dependent adult abuse restraining order is another type of restraining order that can be used by people who are 65 and older, are between the ages of 18 and 64 and have certain mental or physical disabilities that keep them from being able to do normal activities or protect themselves, or are victims of physical or financial abuse, neglect, abandonment, or deprivation.

A civil harassment restraining order is one that you can ask for when you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases. This can include someone such as a roommate, neighbor, or distant family member.

A workplace violence restraining order is one that you can ask for if you are an employer and you are asking for a restraining order on behalf of an employee who has suffered stalking, serious harassment, violence, or a credible threat of violence at the workplace.

A no-contact restraining order is one where the individual being restrained by the order is prohibited from making physical contact or verbal communication with the victim. This type of restraining order prohibits physical contact between the party the order is directed against and the protected person, prohibits the party from coming into close contact with the victim, and more.

Why Get a Restraining Order?

Many people hesitate to get a restraining order because they are not sure if their situation constitutes one. However, if you are someone who is being constantly harassed, stalked, threatened or assaulted, you certainly qualify for a restraining order. Many times, people underestimate just how dangerous someone can be until it is unfortunately too late.

Anyone can get a restraining order but your individual situation will determine just what type of restraining order you can get. You don’t have to be physically abused to get a restraining order, either. In fact, restraining orders can be filed if you are feeling threatened by someone.

Get Help Today

If you have found yourself in a situation where you want to get a restraining order but don’t know what types of restraining orders to get, be sure to reach out to a professional for help. Be sure to request legal advice from WGS Law if you have any questions about restraining orders and your rights.

You can get into contact with them by simply scheduling a virtual consultation via Zoom, where you can get any other questions answered as well as inquire about the different types of restraining orders there are in your state. Do not allow yourself to live in continued fear. Be sure to do something about it as soon as you possibly can.