Restraining Orders

[NOTE: IF THERE IS *NO* RECENT CONTACT, USE THE OTHER SAMPLE LANGUAGE CALLED Is there a statute of limitations for filing for an RO? (No recent abuse, no recent contact)]

]Although the laws are different for each state, usually there has to be some sort of recent abuse or recent threat to qualify for an order of protection. However, in some situations, it could be possible that 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 in conjunction with the past abuse and still grant a protection order. 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 protection order. Or, if you can’t reach an attorney, you could file in court and see what the judge does. You can find free and paid lawyers in STATE on our website. [HYPERLINK]

[ADD THIS IF THE PERSON SEEMS HESITANT TO FILE OR JUST WANTS THE PERSON TO STOP CONTACTING THEM BUT ISN’T IN FEAR: A lawyer may also tell you if there is some other alternative to a protection order to try to get someone to stop contact. For example, perhaps a strongly-worded letter from an attorney demanding that the person stop contact (a ”cease and desist” letter) with the threat of a lawsuit may work in some situations.]

You can go to our website to see more information about filing for a protection order, including the kinds of relationship and incidents of abuse that may qualify someone for an order. [HYPERLINK TO RO PAGE]

[IF THERE ARE MULTIPLE ORDERS THAT MAY APPLY, SUCH AS HARASSMENT AND DV, ADD: You may want to read through the different types of orders to see if what you think fits.]

Also, although I cannot speak to your specific situation, in some situations, getting a restraining order against someone who the victim has not seen in a long time may actually not be the safest/best option for the victim. When filing a protection order, the abuser is served with the papers and has the right to come to court where the petitioner/victim will have to see him/her again. If the victim’s address is confidential, bringing an abuser to court may give him/her knowledge of in what county the victim is living. One way around this, however, may be to file for a protection order in the state/county where the abuser is living, and to request in court to keep the victim’s address confidential. I cannot speak to what is best in your situation but sometimes people find it helpful to get advice from a lawyer or domestic violence advocate to think through the pros and cons of filing for an order of protection. Again, you can find free and paid lawyers in STATE on our website. [HYPERLINK] You can also find an advocate in STATE. [HYPERLINK] Advocates generally do not charge a fee for their services.

You can also see some safety tips and ways to start a safety plan on our website.

[ADD THIS IF THE PAST ABUSE WAS CHILDHOOD SEXUAL ABUSE - OR CAN ADD IT AND CHANGE IT TO FIT SITUATION AS APPROPRIATE] Lastly, being the victim of childhood sexual abuse can have long-lasting effects in someone’s life. Often, being contacted years after the abuse can re-traumatize someone and bring back feelings of fear, anxiety, etc. We list some organizations that provide help and support to victims of sexual abuse and child abuse on our website.