Restraining Orders

NOTE TO STUDENTS: THIS IS FOR A CIVIL RO - THERE IS DIFFERENT SAMPLE LANG FOR A CRIMINAL RO
In general, restraining orders usually only go “one way,” which means that the order generally only applies to the respondent’s behavior, not the petitioner’s. For example, if the order says “no contact,” generally, only the respondent is ordered not to contact the victim, not the other way around. It is generally the responsibility of the respondent, not the petitioner, to stay within the bounds of the order. A petitioner generally cannot violate his or his/her own order of protection although there are exceptions to this general rule – for example, in Iowa, the petition for a protective order says that a petitioner “could be arrested and jailed for aiding and abetting Defendant’s violation of the Protective Order.”

However, even if a petitioner’s behavior wouldn’t “violate” the order or make the order void, disregarding the terms of the order may make it harder for the petitioner to get any future violations of the order to be taken seriously by police and prosecutors. Also, if a petitioner has a temporary order and s/he plans on returning to court to get a final order (if that is the procedure in the petitioner’s state), the respondent may be able to use the petitioner’s behavior against him/her in court and the judge may deny the petitioner the final order. The respondent’s attorney may use the fact that a victim is in contact with a respondent to the respondent’s advantage at trial to prove that the petitioner is not in fear of the respondent or even to prove that the petitioner falsely filed for an order. It is, therefore, generally important for a petitioner to tell his/her attorney about any and all contact prior to being in court (if there is an upcoming court date) so that the attorney is prepared to handle it if this comes up in court. If you want legal advice, here is a link for lawyers, some of which may be free or low-cost: LINK and here is more information about restraining orders in STATE in case it is useful:LINK

IF THE PERSON IS INDICATING THAT THE ABUSER IS VIOLATING THE ORDER BUT S/HE IS AFRAID TO REPORT IT TO POLICE BECAUSE S/HE “ALLOWED” THE VIOLATION, YOU CAN ADD THIS:
If you are thinking of calling the police due the abuser violating the order, you may want to consider whether or not you’d want to have a local domestic violence advocate help you in making that contact with the police. An advocate may be able to offer emotional support as well as sometimes advocates have a working relationship with specific police officers who may be more tuned into they dynamics of domestic violence. We link to local advocates here in case you decide to seek out this sort of help: LINK