Happy Monday everyone!
Before we get into this week’s topic, I want to share a podcast episode with you! Last week, I had the honor and privilege of being a guest on my friend, Claire’s podcast to talk about my experience with abusive relationships. Give it a listen!
Now, on to our deep dive into domestic violence protection orders.
While “restraining order” is the phrase most people are familiar with, they’re actually called protection orders or orders of protection. Through the rest of this post, I’ll be referring to them as protection orders.
But, what does “domestic protection order” actually mean? How does someone get a protection order? How long do they last? Who all can file for one? How are they enforced?
These are some of the most common questions I’ve heard over the years when I talk about domestic violence. I didn’t even fully understand what a restraining order was before I worked as a victim advocate.
So, let’s talk about it. Here’s a detailed look at the ins and outs of domestic violence protection orders in the United States.
What is a domestic violence protection order?
A protection order is basically a legal document that is signed by a judge and enforced by police. Protection orders are meant to help protect victims of domestic violence.
Every state has their own laws, policies, and procedures regarding protection orders, but most of them have some similarities from one jurisdiction to another.
Who can get a protection order?
Anyone in a domestic violence situation can file for a protection order.
They can file for a protection order against a current or former intimate partner, a family member, a friend, or a roommate.
A person can file for a protection order if they are or have previously experienced any form of domestic violence or stalking, but they have to believe they are in current and continued danger from their abuser.
For example, Susie can file for protection order against her husband, James, in these scenarios:
James is her current husband and is actively abusing her
She and James have divorced, but he is still abusing her
Susie CANNOT file for a protection order against James in this scenarios:
She and James have divorced, James moved to another state and while he still isn’t exactly nice to Susie he no longer physically abuses her since he lives so far away
She and James have divorced, they continue to co-parent their children, Susie has remarried and James is no longer abusive toward her
What is the process to get a protection order?
Applying for a protection order
Protection orders are usually filed through family court rather than criminal court. This means that a person doesn’t have to press charges on the person they are trying to file a protection order against.
Again, each state has their own policies and procedures, but generally someone who wants to file for a protection order has to do so at the courthouse during normal business hours.
Let’s say Susie wants to file for a protection order against her husband, James. Susie will go to the courthouse during business hours and she will have to fill out the necessary forms and submit them to a family court judge/magistrate.
These forms are pretty detailed because the court needs as much information as possible about Susie’s situation.
Susie will have to write out her husband’s information like where the police can find him, what he looks like, whether he has access to firearms, where he works, etc.
She’ll also have to write a detailed description about James’s behaviors that are making her fear for her safety and want a protection order.
It is crucial for Susie to be as specific as possible in her accounts of the abuse she has experienced. Susie can include any photos she has that document the abuse, whether they be photos of injuries James caused or screenshots of abusive messages James sent.
The forms will also typically have a box Susie can check if she wishes to press criminal charges on James and a section where she can include any children that may also be in danger.
Susie will then sign the form and submit it to the judge who will then review her case.
The application process can sometimes be a scary experience for a domestic violence victim. Victim advocates (either employed at the courthouse or through the local domestic violence agency) can sit with Susie while she fills out the form and can explain what the form is asking, but they cannot fill out the form for Susie.
The hearing
After the judge reviews Susie’s application, he/she will schedule a hearing to determine if the protection order will be granted or dismissed. The police will serve James with paperwork informing him of the filing of the protection order and inform him of the hearing date.
During the hearing, Susie and James will both be required to be present1, and both have the right to have an attorney present. Susie will have to verbally explain to the judge why she feels she needs a protection order against James and James will have an opportunity to tell the judge why a protection order is not needed.
Being present for the hearing and telling the judge his side of the situation is James’s constitutional right, but this can be a terrifying experience for Susie. A victim advocate can be present on Susie’s side, but can only act as a source of comfort. Victim advocates cannot speak on behalf of the victim or in support of the victim.
After hearing both sides, the judge will determine if the protection order will be granted and will use state guidelines and their discretion to determine how long the protection order will last and the conditions of the protection order.
Both Susie and James will get a copy of the protection order so both parties understand the conditions of the order.
Federal law will revoke James’s right to own or buy any firearms while the protection order is active.
Some states will require him to turn over any firearms he has to the police. Some police jurisdictions don’t have the resources to store abusers’ firearms, so abusers in those jurisdictions are required to turn their firearms over to a friend or family member. That friend or family member is required to sign a legal document stating they will store the firearms and won’t allow the abuser access to them.
What to do after you are granted a protection order
If a judge approves Susie’s protection order, it’s important that she make several copies of it:
Carry a copy of the protection order with her at all times
Keep a copy in several locations throughout her house
Keep a copy in her car
Keep a copy on file with the local domestic violence agency if she is receiving services
Give a copy to several family members and friends
Give a copy to her employer
Give a copy to her children’s school or daycare
Many victims are embarrassed about having a protection order in place, but having a copy in all of these locations can help the police accurately respond to any situations that occur.
Giving a copy to her employer makes the employer aware of the severity of the situation and informs them that they need to immediately call the police if her abuser shows up or calls.
Giving a copy to her children’s school, especially if the children are included on the protection order, tells the school that her abuser is no longer permitted to pick the children up from school and gives the school the authority to call the police if the abuser shows up and tries to take the children.2
What are the conditions of a protection order?
The judge presiding over the case has the discretion to set the conditions of the protection order, but each state has guidelines the judge can follow.
These are some of the most common conditions found in protection orders:
No contact–prohibits the abuser from calling, texting, emailing, or continuing to abuse the victim. Also prohibits the abuser from having someone else contact or harass the victim. Typically requires the abuser stay a certain number of feet away from the victim, the victim’s home, and the victim’s place of employment
Peaceful contact–in the case of shared custody of children, the abuser is required to follow a visitation schedule regarding their children. They’re required to peacefully meet with the victim to transfer the children, typically in a public place and sometimes under the supervision of a social worker or police officer
Counseling–some judges may require the abuser to attend counseling or a batterer’s intervention program (similar to a substance abuse treatment program, but for domestic violence abusers)
A few other possible conditions a judge may set:
May require the abuser to attend substance abuse treatment or complete regular drug screenings
May require the abuser to move out of a home and relinquish ownership or tenancy of a home shared with the victim
No contact with any children shared with the victim
No contact with any family members, friends, roommates, current romantic partners, and/or coworkers of the victim
Some states allow pets to be placed on a protection order due to abuser’s commonly threatening victims’ pets as a form of control
Many states allow judges to include any other condition they believe is necessary to ensure the safety of the victim. This allows each protection order to be tailored to the individual nature of each case.
It’s important to note that all 50 states will honor and enforce a protective order from a different state. For example, if Susie gets a protection order granted in California, police and the courts in New Jersey will honor and enforce that protection order. *Susie will have to physically go back to California for any hearings regarding the protection order.
How long does a protection order last?
This depends on the state the order is granted in and each case individually.
Some states have emergency protection orders that are put in place by a judge immediately upon the victim filing for the order. These typically last about a week, or until the scheduled hearing for the more permanent protection order.
Some protection orders last for a maximum of 30, 60, or 90 days. Some states have the standard maximum time frame of 2 years for protection orders, some have the maximum time frame of 3 years, etc.
Before the order expires, a hearing is scheduled and both the victim and the abuser are required to be present.
At this hearing, the victim is tasked with explaining to the judge whether they believe they are still in danger and the abuser will again have the chance to argue otherwise.
If the victim no longer believes they are in danger, or doesn’t appear at the hearing, the protection order expires and the abuser is free to go on about their life.
If the victim still believes they are in danger and the judge agrees, or if the abuser doesn’t appear at the hearing, the protection order is extended for another set time frame.
Some states have “permanent” or lifetime protection orders, where the order remains active indefinitely or until the court or the victim decides to end it. During this lifetime protection order, the abuser can petition for the order to be ended, which results in a hearing to determine whether the request will be approved or denied.
Protection order laws can be pretty nuanced. WomensLaw.org is an excellent resource for understanding the laws in your state.
What happens when an abuser violates a protection order?
One of the issues many people have with protection orders is that they don’t actually have the power to stop abusers from continuing to harm the victim.
Protection orders are largely reactive, meaning they give police the authority to arrest and charge an abuser after they violate the conditions in the order. The exact repercussions vary by state, but an abuser who violates a protection order can face a monetary fine, jail time, or both.
Some states have laws in place that impose higher fines and/or felony charges if an abuser has prior convictions for violating protection orders.3
Many victims are afraid to file for a protection order or see them as useless because “at the end of the day it’s just a piece of paper.”4
Recap
Even though domestic violence protection orders don’t have the ability to stop an abuser from continuing to harm the victim, they can be a helpful tool for both victims and police.
Protection orders are a legally binding document that imposes conditions on an abuser in an attempt to keep them away from their victim.
Victims have to file for a protective order at their local courthouse and have to prove to a judge that they are indeed in danger. These orders are mostly temporary and have to essentially be re-applied for if a victim believes they are still in danger when the order’s expiration date approaches.
If you have any questions about domestic violence protection orders in your state, WomensLaw.org is an excellent resource. You can also contact your local domestic violence organization and a victim advocate will be able to provide you with information.
Here are several international domestic violence resources for those outside of the US:
Until next week,
Rychelle 💜
In extremely dangerous cases, the victim may be allowed to attend the hearing through a video conference.
School is the top location abusers attempt to take the children and flee, leading to kidnapping situations.
This can be prior convictions for violating a protection order filed by the current victim OR prior convictions for violating protection orders filed by previous victims.
This is a common reason given by the clients at the shelter I worked at when asked why they didn’t want to file for a protection order.
This is so thorough and helpful! Also, appreciate your openness to talk about your experience on podcast and also looking forward to listening!