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Restraining Orders

Why does an RO only last a short period of time and then you need to go back to court to reinstate it?

You asked about the length of a restraining order, and why a person needs to appear in court again to reinstate the order. In many states there are two types of restraining orders: a temporary one and a final one. Generally a judge can issue a temporary restraining order in order to offer immediate emergency protection. This is part of an ex parte hearing (ex parte means without the other party present or having notice).  Then generally, the other party is required to have notice of the allegations against him/her and have the chance to appear in court so that s/he can tell the judge his/her side of the story. Then the judge will determine whether to issue a final order, which lasts for a longer period of time.  Here is a link to more information on restraining orders in STATE: LINK

The following link provides more specific information about types of protective orders and how long they last: LINK

For people who have to appear in court to have a restraining order reinstated, it could be helpful to read the Preparing Your Case page at the following link for general information and advice on preparing for court: http://womenslaw.org/simple.php?sitemap_id=32

Additionally, it is often advisable for a person who is trying to have a restraining order reinstated to contact a lawyer, who can provide specific information, advice, and representation. For someone who cannot afford a lawyer, s/he may be able to get help from a legal aid organization, which provides free or low-cost legal help in some cases. If they are unable to represent a person’s case, they may be able to at least provide a free consultation with an attorney to answer some questions and to give brief advice. The following page provides contact information for legal assistance, which may be free or low-cost to those who qualify, and a lawyer referral number for your state here: LINK

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