Restraining Orders

You asked if there is a statute of limitations on filing for a restraining order. In terms of reporting abuse that happened a while back to the courts for the purpose of getting a restraining order, often times, it is not as cut and dry like it is in criminal law where there is a strict limit for how long after a crime a person can be charged. How long after an incident of abuse a person can get a restraining order often depends more on whether the judge believes that the victim is still in danger even if the incident wasn’t very recent. However, if the incident was a while back and the person never filed for a restraining order, perhaps the judge may question whether or not the person is still in danger if s/he let all of this 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 first if you choose.

Additionally, in some states, even if the abuse happened a while ago, but there is recent contact or some other event that makes the petitioner suddenly in fear, a judge may consider this when deciding whether to grant a restraining order. For instance, if the abuser was just released from prison, s/he just showed up at petitioner’s confidential address, etc., a judge may consider this. I cannot speak to how this type of scenario is handled in STATE. If there was recent contact, you may want to talk to an attorney to get advice as to whether the past abuse, along with the recent contact, may be enough to get a restraining order.

Here is a link for lawyers on our website if you want to get a legal opinion first. Alternatively, if someone is not able to get legal advice as to whether s/he may qualify, s/he may decide to try to file in court and explain the circumstances as to why s/he waited to file the petition and see if the judge grants his/her petition. You can also read more about restraining orders in your state on our Restraining Orders page.