The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
Yes. A restraining order in many states, including California and New York, goes into a central database for law enforcement access. These are serious legal events. They show up on credit checks, background checks for employment and housing, reviews of license and immigration applications and future probation reviews.
A protective order is only available for people who have experienced dating or family violence and it can lead to criminal penalties (the Respondent/violator can be arrested) if violated. A restraining order can be ordered by a court for many different types of situations and only has civil penalties if violated.
In the US, TRO's and orders of protection are issued only if a matter is filed in court. As a court record, the application or petition alone becomes a matter of public record. If the order is issued following that, too, is a matter of public record.
Key Differences A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
In the US, TRO's and orders of protection are issued only if a matter is filed in court. As a court record, the application or petition alone becomes a matter of public record. If the order is issued following that, too, is a matter of public record.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.