Restraining Orders

WRITTEN TO SOMEONE WHO DIDN’T SAY IF SHE HAD A CRIMINAL COURT OP OR A CIVIL (FAMILY COURT) OP – IF YOU KNOW WHICH ONE IT IS IN YOUR MESSAGE, REMOVE THE PARAGRAPHS THAT DON’T APPLY

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Generally, a protection order might be issued through the criminal process (after an abuser has been arrested), or through civil court where the victim has to file a petition. You can learn more about the differences on our Overview of Civil vs. Criminal Law page.

Generally, a person may have a criminal protection order if they did not file the petition themselves, but the order was issued after the abuser committed a crime against them and there is a criminal case against the abuser. Generally, the victim himself/herself may not have much or any control over the terms of a criminal protection order, or when/if it gets extended. Usually the prosecutor would ask for the order to be extended and then it may be up to the judge whether or not to extend the order. A victim may be able to talk to the prosecutor, or a staff member of the prosecutor’s office, and let them know what they would like to see happen with the order. The prosecutor’s job is to represent the people of the state as a whole, and not necessarily the individual victim, so they may or may not listen to what the victim has to say about the protection order, or how to handle the criminal proceeding overall. You may want to have an advocate or a lawyer with you when you talk to the prosecutor for advice and support.

A person might also be able to get a protection order on their own by filing a petition in civil court. If a person has a temporary protection order, it might be extended by the judge court date to court date, if the case is postponed (adjourned). This might happen automatically, or the petitioner might have to ask for the order to be extended. Usually, the judge will extend the order from court date to court date until a hearing is held for the judge to decide whether or not to give a final order.

If you have a final order, you may be able to extend that as well. Every state is different on the rules when it comes to extending a final order. Generally though, a person would have to file a petition with the court to extend the current order before that order expires. Then, a person may be able to allege that they are still in fear of the abuser and list the reasons why they think the order needs to be extended. The court might schedule another hearing, or it might issue an extension without a hearing. I am not sure how it works in your state specifically. If the order expires thought, then a person may need to file a whole new petition, based on new abuse that has occurred, and ask that the judge grant a new protection order. This would mean going through the entire process once again. This is why it may be important, generally, to file for extension before the current order expires. If the judge denies the extension, then a person might still be able to file for a new order based on new abuse, if the abuse has continued. You can learn more about the process in your state on the How can my order be extended? question in our Restraining Orders section.

I would also like to point you to the section of our website devoted to Safety Planning. Safety planning is thinking of what you can do to keep yourself as safe as possible. We have some tips to get you started at the link above. You might also want to speak with an advocate at your local domestic violence organization, who can help you design a personalized plan. You can find an advocate on our Local Programs page.

You may also want to consult a lawyer about your situation. If you cannot afford a lawyer, you may be able to get free or low cost legal advice and services. Here’s a link to resources (both free and paid) in your state on our Finding a Lawyer page.