When the Abuser Gets Out of Jail

A restraining order can help protect you once the abuser gets out of jail. However, it’s possible that you may already have one based on the criminal conviction. When someone has been criminally charged with harming another person, the criminal court judge might issue a criminal restraining order even if you didn’t ask for one. A criminal restraining order will usually last as long as the criminal charges are pending and the judge thinks it is needed to keep the victim safe. If the abuser is convicted of a crime, then the restraining order might be extended for some period of time as part of the sentence. However, if the abuser is not convicted, either because s/he is acquitted or the charges are dropped, then usually the judge will also cancel the restraining order.

When a criminal restraining order is issued, it should be mailed to you or given to you by the victim advocate. However, if you never received the order or if you do not know if there is a criminal restraining order in place in your case, you can contact the court clerk at the court that heard the criminal case to see if there is one on file. You might also be able to contact the prosecutor’s office that handled the case to ask for a copy of the criminal restraining order.

Whether or not the judge in the criminal case issues a criminal restraining order, someone who experienced abuse may be able to file for a civil restraining order on his or her own. You can file for a restraining order without involving law enforcement, and a civil order can exist at the same time as a criminal restraining order. Since you are the one who files the petition to ask for the civil restraining order, you could have more say in what provisions are included in the order and how long it lasts. With a criminal order, the prosecutor will be making recommendations to the judge, and the judge has the final say. Also, if criminal charges are dropped, then a civil order would not be affected the way that a criminal restraining order would be. You can learn more about civil restraining orders in your state in our Restraining Orders section.

If you are seeking to get a civil protection order against someone who is due to get out of prison or jail, you may be able to get one based on past violence coupled with the fact that the person is due to be released. When an abuser is in jail, the victim may have to arrange to have the restraining order paperwork served within the jail. The process to do this may differ depending on the state. In some states, court paperwork can be mailed to the jail. In other states, an official working at the jail may need to give the paperwork to the abuser and sign an affidavit of service.