Violence can result in physical injuries as well as lasting concerns about personal safety. According to the Bureau of Justice Statistics, the U.S. violent victimization rate was 23.3 incidents per 1,000 people age 12 or older in 2024.
Intimate partner violence is also a significant concern. More than one in three women and more than one in six men have experienced contact sexual violence, physical violence, or stalking by an intimate partner during their lifetime, according to the CDC data.
In such cases, victims can seek protection from the authority through filing petitions for restraining or protection orders. Let’s look at the process of getting a restraining order after a violent incident, what evidence may be needed, and what to expect during the process.
A process built around urgency
Violent offenses are serious in the eyes of the law, according to a Naples violent crime lawyer in their website overview. But you can seek legal protection against such harm through restraining orders.
The procedure of filing a petition for a restraining order varies by state. What’s common is how it begins with a request for a temporary order. This is followed by a court hearing where a judge decides whether longer-term protection is appropriate.
Filing the initial petition
Typically, the procedure will start with the submission of a petition in either a civil or family court that clearly spells out what has taken place.
Courts need a detailed explanation of what has occurred. Basic information is important in such cases. Provide the dates and location where the incident of violence happened. Also, details are of utmost importance to create a context about what happened. Include information like the exact language used, whether any police were called to the scene, and the nature of the relationship between the two individuals.
Provide clear and specific details about the incidents so the court can evaluate your case immediately. If someone is in immediate danger or facing an emergency, they should contact 911 right away.
The temporary order comes first
After the filing of a petition, a judge will consider the matter and grant a temporary restraining order, usually on the same day, usually without notifying the other side.
This is how temporary orders work precisely. These are granted for the express purpose of providing immediate protection as the case proceeds towards a trial, so the burden of proof is deliberately low.
A temporary order may have restrictions such as not contacting the person, a distance to stay away from, custody arrangements, or eviction from the family home.
Why the other side gets a hearing
The granting of a temporary order does not mark the end of the process.
A notice is sent to the other party regarding the order that has been issued and a hearing date is fixed within a few days or weeks, depending on the jurisdiction. This is the time when both parties can bring forward their evidence and testimonies before the court of law to prove their claims regarding the situation.
A preponderance of the evidence rule is applied in most cases by courts of law at this stage; this means that the judge has to find a probability of danger being true, although a higher standard is used in some jurisdictions in some cases of civil harassment orders.
What a longer-term order can include
When a judge orders a long-term or a permanent restraining order, it may go beyond just keeping away from each other. It may cover things like child custody, visitation rights, gun bans, and some financial issues, depending on the situation.
The procedure for restraining orders may contain certain details in the petition and multiple steps between the two levels of orders. While it is different in each state, knowledge about the procedure will give people an idea of what to expect.
Common mistakes that weaken a case
Here are a few mistakes that often occur in such cases.
The first mistake is when the initial petition is vague or incomplete since whatever information isn’t included in the initial petition cannot be used during the hearing. An error made could be that of engaging the respondent even after filing an initial petition since this may put the need for protection from harassment in jeopardy.
The last error is that of failing to attend the scheduled hearing, as this implies that the case will be determined without an opportunity for the petitioner to open up his views.
What to take away from this
A restraining order cannot reverse a violent act, but it can help to ensure that there is protection from future incidents. It is designed in such a way that the process will provide the necessary speed to protect a person in danger. The two-step process and the thorough filling of the application will decide whether there is any protection at all.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
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