Restraining Orders

[NOTE: IF THERE *IS* RECENT CONTACT, USE THE OTHER SAMPLE LANGUAGE CALLED Can V get RO if no recent abuse (but there IS recent contact)?]

For the purpose of getting a protection order, there usually isn’t a specific time period in the law that says how many days or months someone has to file for a protection order. It’s different than criminal law, for example, where there is a strict limit called the “statute of limitations” that give a specific time frame of how long after a crime a person can be charged for it. Whether a person can get a protection order without recent abuse often depends more on whether the judge believes that the victim is still in danger and if there’s a likelihood of future abuse. However, if the incident was a while back and the victim never filed for a protection order, perhaps this may affect the judge’s decision as to whether or not the petitioner is still in danger if they let a lot of time pass without seeking the court’s protection. If you are concerned that the incident happened too long ago and that you may not qualify, you could ask the opinion of an attorney before filing. Here is a link for lawyers on our website [HYPERLINK] if you want to get a legal opinion first. Alternatively, if a victim is not able to get legal advice as to whether or not they may qualify without any recent abuse, it’s possible to file in court and explain the circumstances as to why they waited to file the petition and see if the judge grants the protection order.