Legal Information

When to Get a Restraining Order?

Making the decision to apply for a restraining or protective order can be very difficult. It can be an effective and powerful legal tool to help keep you safe. Studies show that a restraining order can reduce or stop the abuse in a relationship. Still, a restraining order is not right for everyone and it cannot guarantee your safety. The following lists may help you decide whether a restraining order is the right choice for you.

Reasons to get a restraining order:

You may feel more confident if you take control of the situation.
You do not have to wait for the abuser to hurt you before calling the police-you can call as soon as the abuser contacts you or comes near you. Also, police tend to give priority to calls where the victim has an order.
A court order can encourage school officials and other authorities to help protect you from the abuser.
Going to court will establish an official record of the abuse.
You can make the abuser move out of a home that you share.
A court order can establish or change custody and visitation arrangement for your kids.
An order can let you enjoy school, work and life with less threat of harm.

Reasons not to get a restraining order:

You think it will make the abuser more violent or put you in more danger.
You are afraid of peer or gang retaliation.
You or your family is moving far away and you feel safe without it.
You won't call the police if the abuser violates the order.

Remember, a restraining order cannot:

Guarantee your personal safety.
Guarantee the abuser won't still be able to intimidate or scare you.
Guarantee the safety and welfare of your children or other family members.
Guarantee the abuser will be out of your life, especially if you have a child together.
Guarantee the abuser won't destroy property that may be irreplaceable, like photos, important papers and things with sentimental value.
"Cure" the abuser.