Restraining Orders

What can I do if I am being abused?
You may be able to get a restraining order, which is an order from the court that tells your attacker to stop the abuse and to leave you alone. If your abuser then violates that order, that person can be arrested. Restraining orders can also include temporary custody and parenting time orders.

Who can get a restraining order? Against whom?
You can get a restraining order if your attacker has physically abused you or attempted to physically abuse you; put you in fear of serious bodily injury; or made you have sexual relations against your wishes by using force or threats of force.

You can get a restraining order against someone you are or were married to; adult relatives; a lover you live with or used to live with (of the same or opposite sex); a person who was your lover (of the same or opposite sex) during the last 24 months; and the other parent of your minor child. If you are under 18, you can get a restraining order against a person who is over 18 if the person is someone you are or were married to, or if you have ever had a sexual relationship with the person.

How can I get a restraining order?
Restraining order forms and instructions are available at all courthouses. Domestic violence shelters and hotlines, and legal services offices also have information about getting restraining orders. There is no cost for filing a restraining order and normally you will see a judge the same day you fill out the paperwork. If you live far from the courthouse, there is a procedure available to have a restraining order issued for you via the telephone.

What happens if my partner gets a restraining order against me?
Recent changes in restraining order law interfere with the alleged abusers ability to claim custody. If a restraining order is upheld against you, your ability to request sole custody in future cases may be affected. A skillful attorney may be able to negotiate to dismiss the restraining order in exchange for a "Domestic Relations Restraining Order." A Domestic Relations Restraining Order has substantially less prejudicial effect on the alleged abuser.

Some people file for divorce and obtain a restraining order at the same time as part of "divorce planning" to gain an advantage in a divorce case. The consequences for the alleged abuser are enormous, including losing the right to hunt and possess firearms, restriction on your rights to seek custody, and the constant risk of arrest for a reported violation. An attorney may be able to assist you in having the restraining order dismissed in court, or through negotiation.