Restraining Orders
A restraining order, or protective order, requires a party to stop any abuse or threats against another party or stop any form of contact altogether, and to leave the place of residence and stay away from your home, school, work, or other location you frequent. It also may affect any custody or visitation arrangements if you and the other party have shared children.
There are several types of restraining orders available:
Family Abuse Prevention Act (FAPA): This type of restraining order is used by individuals experiencing violence or threats of violence from someone they have or have had an intimate relationship with. With a FAPA, you can call the police (911) if the abuser violates any provision of the restraining order. The abuser will be arrested if the responding officer believes a violation has occurred. Learn more about domestic violence.
Stalking: This type of restraining order can be used when a person is making unwanted contact. It requires two separate times of contact that is unwanted and alarming or coercive to you (or immediate family or household member) and put you in reasonable fear for your physical safety. The parties do not need to have been involved in an intimate relationship. Examples of contact or behaviors that may be grounds for a stalking protective order are: (a) waiting outside your home, school or work; (b) following you; and (c) sending letters, emails, texts or making phone calls that threaten violence.
Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA): This type of restraining order is for people who are over the age of 65 or have disabilities or otherwise are considered a vulnerable person. You do not have to have been in an intimate relationship with the person who is causing you harm to apply for this relief. Examples of types of abuse that are grounds for this type of protective order are: (a) physical injury to you caused by another (other than an accident); (b) neglect that leads to physical harm (e.g., withholding of food, medical care); (c) abandonment or neglect of duties owed to you by a caregiver; (d) willful infliction of physical pain or injury; (e) wrongful taking or appropriation of money or property or threatening to take money or property; and (f) sexual contact you did not consent to or to which you were incapable of consenting.
All forms of restraining orders include the ability to restrict the abuser from keeping their firearms or having access to firearms during the time period the restraining order is in place. All of these restraining orders are in place for one (1) year from the date it is signed by a judge, unless the restraining order gets dismissed by the court.
Whether you need to file a restraining order or have had one filed against you and are in need of defense, we will evaluate your situation and provide you with knowledgeable and compassionate advice. Our goal is to help you achieve the best possible outcome for you and your family.
Our experienced attorneys will help you navigate through the restraining order process at every step. We will advocate for you during the hearing and advise you through any difficult situations that may arise.
