How Long Do Domestic Violence Restraining Orders Last – Guest Post

Domestic Violence Restraining Orders

Domestic violence is a common problem in the United States. It is estimated that 1 out of every 4 women will be a victim of domestic violence during their lifetime.

The domestic violence problem in the United States has been around for decades and it has been difficult to solve so far. One of the main reasons for this is because it is hard to find reliable statistics on how many people are actually affected by domestic violence.

The physical and mental abuse of an abusive partner can be terrifying. However, there are ways to escape the relationship and get help. When leaving a relationship seems difficult or if one feels threatened by the other person in an abusive relationship, securing domestic violence restraining orders might help.

What is a Domestic Violence Restraining Order?

A domestic violence restraining order is a court order that prohibits an individual from contacting or coming near a person or their family members. It can also prohibit the individual from being in the same home as the person or their family members. It may also prohibit them from possessing firearms and ammunition.

It is issued by a judge when an individual has been found to be in danger of abuse. It can be issued for a time period ranging from 24 hours to 3 years, based on the court’s discretion. If the person who is being restrained violates any part of the order, they can be arrested and charged with a crime.

Types of Restraining Orders

There are three types of domestic violence restraining orders in the United States – Emergency Protective Order, Temporary Restraining Order, and Restraining Order After Hearing

Emergency Protective Order

An Emergency Protective Order (EPO) is a court order that can be issued by a judge or magistrate to protect an individual from domestic violence. It is issued for a limited time and can last up to one year.

It is intended to protect the victim of domestic violence from further abuse during the order’s duration. It does not allow the abuser to have contact with the victim, and it also prevents him or her from having any contact with their children.

In the United States, there are two types of orders: temporary and final. A temporary order lasts for up to six months and can be extended for an additional six months; a final order lasts for up to one year and cannot be extended.

Temporary Restraining Order

A Temporary Restraining Order (TRO) is a legal order issued by a court that prohibits one party from harassing, threatening, or harming another. It is an emergency order that can be issued when the other party believes they are in immediate danger.

Temporary Restraining Orders are commonly used for cases involving domestic violence, abuse, stalking, harassment, and other forms of violence. However, they can also be used in cases where one person is being sued by another person or company.

It is valid for the time period specified in the order, which is typically up to 20 days. If you ask for it or if the judge decides to, the interim ex parte order might be extended for another 20 days, usually because the respondent has not yet been served.

Restraining Order After Hearing

Regardless if a person decides to request for a temporary restraining order, one will be scheduled for a hearing to get a final DVRO. After the court hearing, a judge can grant a person a restraining order after hearing that can last up to five years.

However, if there is no assigned termination date on the order, the restraining order after hearing will be valid for a period of three years from the date that it was issued. Interestingly, you can request this restraining order after court to be extended for another five years, during the last three months of the order validity. This extension can be granted by the judge without having to prove any further abuse.

Do You Think You Need a DVRO?

Domestic violence restraining orders are issued to protect someone from another person who poses a threat of violence. They are given to people who have been abused and are in danger of further abuse. It is an emergency protection order that can help protect the victim of domestic violence from further abuse. The abuser is legally obligated to leave and not come near the victim or their property.

The following people are eligible for a domestic violence restraining order:

  • A spouse or former spouse of the abuser
  • Anyone living with the abuser, including children and other family members
  • Anyone who is related to the abuser by blood, marriage, adoption, or court order
  • Any law enforcement officer or agency employee

In the United States, a person can apply for a domestic violence restraining order (DVRO) if they are in a relationship with someone who has abused them in any way.