Restraining Order 101

By Hampton & Pigott
Posted on 9-6-2022

Restraining orders are invaluable resources that can restore your safety and peace of mind. But who can benefit from them? How do you obtain one? And what happens if one is violated? Let’s find out.

What Is a Restraining Order?

A restraining order is also known as a protective order, and that is its intended purpose; to protect. It is an order that prohibits a specific individual from having contact with the person who issued it, and it can also

prohibit the individual from going near the person’s house, place of employment, or school.

How Can You Obtain a Restraining Order?

A restraining order is a judge issued order. For you to obtain one, you need to file an application with your local civil court. Once accepted and in place, a restraining order cannot be waived by anyone but a judge. So, say for example that you issued a protective order against your ex- partner but then you decide to invite them over to your home or to meet for coffee, that would breach the protective order and there would be consequences for that. No one can rescind the order except a judge.

What Happens if a Restraining Order is Violated?

If a protective order is violated, it will result in criminal charges. Violation of a restraining order is considered a crime of domestic violence. This type of crime can result in jail time and will be left on your criminal record for three to seven years.

A restraining order is a serious thing and violating this order can result in serious consequences. If you have been the victim of physical assault or if you have been threatened or harassed, you can benefit from a protective order. If you would like help in obtaining one, contact our experienced attorneys at Hampton & Pigott today. We would love to help you feel safe again.