Every year, according to SaveServices.org, approximately 860,000 restraining orders are filed by criminal law attorneys in the States. The reasons for and the laws on restraining orders vary from place to place. However, one of the most common reasons for taking out restraining orders is domestic abuse. As statistics from Safe Horizon, an organization advocating for the rights of the abused, show, women in the U.S. experience more than four million domestic assaults a year, with children experiencing a heart-breaking three million.
If you’re in a bad situation and you need to file a restraining order, or you feel you’ve had a restraining order placed on you unjustly, you need to understand the common types of restraining orders. Doing so, you can better protect yourself.
Four Common Types of Restraining Orders
- Personal Conduct Orders
- Civil Harassment Orders
- Juvenile Restraining Orders
- Civil Stalking Protection Orders
According to California Courts, personal conduct court orders are likely the most commonly issued orders among all types of restraining orders. These orders are issued to individuals who are harassing another person, whether that means sending threatening e-mails or sexually harassing someone.
Civil harassment orders, as LegalMatch.com points out, are issued against an individual or group with whom the victim of threats or other abuse has a close relationship. For example, if you recently broke up with a longtime boyfriend and he has made threats of violence against you, then you could have a civil harassment order brought against him.
Like civil harassment orders, juvenile restraining orders can be placed upon persons with whom you have a close relationship. However, they differ from other types of restraining orders in that they are applied to parties under 18 years of age.
As the name implies, civil stalking protection orders are issued specifically to protect people who are being stalked. As FCCourts.org writes, you can’t just take out a CSPO if you feel as though you’re being stalked until you file other reports. For example, if you’re taking the order out on someone who is not part of your household, you first must have filed a felonious assault, menacing by stalking, aggravated menacing, or related charge, depending on your state laws.
Do Restraining Orders Expire?
Unfortunately, restraining orders do expire. However, when they expire depends entirely on the type of restraining order and where you live. For example, permanent restraining orders administered in California will expire after three years, according to California Courts. Temporary restraining orders, depending on your jurisdiction, expire anywhere from a week to thirty days.
Keep in mind, this is nothing more than a brief primer on some of the different types of restraining orders. If you need to file a restraining order or defend yourself against one, you need to contact a law firm specializing in this type of law. Doing so, you can be better prepared for whatever you need to do.
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