What Is A Restraining Order? Everything You Need To Know

Protect Yourself: What To Do If You Need A Restraining Order

Continuing with our series on legal rights for women in conjunction with National Domestic Violence Awareness Month, today we will highlight effective steps to obtaining a restraining order against an abusive family member, partner, husband or ex-husband.

Must Read: 12 Celebs Who’ve Survived Domestic Violence

Too many women have suffered, and continue to suffer, in silence at the hands of their domestic partner without knowing and/or understanding their legal rights to protect themselves. There are numerous steps a person and/or family may take from a legal perspective to ensure their family’s safety.

Womenslaw.org provides detailed information and advice on how to deal with an abusive situation from developing a “ready to leave plan” to filing a restraining order and getting police reports.

We will highlight specific information each week of October based upon your rights.

What Is A Restraining Order?:

A restraining order (also referred to as a protective order) is a legal order issued by a state court which requires one person to stop harming another person. It is also known as protection/protective order, an injunction (meaning “to put a stop to”) or an order of protection.

Laws and requirements for obtaining a restraining order are dictated by each state, so if you are in need of specific information pertaining to your individual state, please contact an attorney, your local court or visit www.womenslaw.org for more information.

The laws for each state dictate:

1) Who can file for a restraining or protective order

2) What protection or relief a person can receive from the order

3) How the order can and will be enforced

Though every state may have different laws, all protective orders may permit the court to order the abusers to:

1) Stop hurting or threatening you (“cease abuse” provisions)

2) Stay away from you, your home, your workplace or your school (“stay away” provisions)

3) Prohibit all contact by phone, text, mail, fax, email and even through third parties (“no contact” provisions)

4) Pay temporary child support or continue to pay the mortgage (“support” provisions)

5) Award sole use of home or cars (“exclusive us” provisions)

6) Pay medical costs or property damages (“restitution” provisions)

7) Turn over any weapons they may have (“relinquish firearms” provisions)

8) Attend batterers’ treatment or drug treatment programs (“counseling” provisions)

9) Stay away from your children or mandate supervised visitation (“custody, visitation and child support” provisions.

You only get what you request from the court, so it is imperative to petition the court specifically regarding the circumstances of your situation. Judges are not mind readers, so if ever there was a time to speak up about everything that you have endured, or continue to endure, this is it.

What Happens If a Restraining Order Is NOT Adhered To?:

If upon attaining a valid restraining order from the court, you find that the abuser is not adhering to the orders of the court, you have several options which should be swiftly explored and exercised:

1) Ask the police or court to enforce the order.

2) File a “Motion for Contempt” in the court that issued the order explaining how the abuser violated the order.

Penalties associated with an abuser’s failure to adhere to a court order can mean jail time or a fine (or both) to the abuser. Never remain silent. If you are at your wits end when dealing with an abuser, seek assistance from the court immediately.

Please visit http://www.womenslaw.org for additional information.

Rashida Maples, Esq. is Founder and Managing Partner of J. Maples & Associates (www.jmaplesandassociates.com). She has practiced Entertainment, Real Estate and Small Business Law for 9 years, handling both transactional and litigation matters. Her clients include R&B Artists Bilal and Olivia, NFL Superstar Ray Lewis, Fashion Powerhouse Harlem’s Fashion Row and Hirschfeld Properties, LLC.

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