Editing Restraining order (section)

==Jurisdictions==
===United Kingdom===
====England====
{{Main|Non-molestation order}}
In [[English law]], a non-molestation order may be granted under Section 42 of the [[Family Law Act 1996]].<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/1996/27/section/42|title=Family Law Act 1996|website=www.legislation.gov.uk|access-date=2016-05-10}}</ref> Non-molestation orders are a type of injunction used to protect an individual from intimidation or harassment. Breaching a non-molestation order is a criminal offence.<ref>{{cite web|url=http://www.sentencing-guidelines.gov.uk/docs/breach_of_protective_order.pdf|title=About guidelines|access-date=2010-04-19|archive-date=2010-05-09|archive-url=https://web.archive.org/web/20100509070852/http://www.sentencing-guidelines.gov.uk/docs/breach_of_protective_order.pdf|url-status=dead}}</ref> Under the [[Domestic Violence, Crime and Victims Act 2004|Domestic Violence Crime and Victims Act 2004]], cohabiting same-sex couples are able to seek a non-molestation order.<ref>{{cite web |url=http://www.broken-rainbow.org.uk/ |title=Home |website=broken-rainbow.org.uk}}</ref> Non-molestation orders sought for protection from domestic violence qualify for [[legal aid]] regardless of the applicant's income.<ref>{{cite web|url=http://www.womensaid.org.uk/domestic-violence-survivors-handbook.asp?section=000100010008000100330002|title=The Survivor's Handbook - Womens Aid|website=Women's Aid|language=en-GB|access-date=2016-05-10|archive-date=2015-07-04|archive-url=https://web.archive.org/web/20150704214802/http://www.womensaid.org.uk/domestic-violence-survivors-handbook.asp?section=000100010008000100330002|url-status=dead}}</ref>

===United States===
Federal law requires that all states give "full faith and credit" to every portion of a restraining order issued by any state provided that certain minimum due process requirements are met.<ref>{{UnitedStatesCodeSub|18|2265|a}}</ref> Thus a state with very lax standards for issuing a restraining order may enter such a protective order, and every state and federal territory would be required to adhere to every provision.<ref name=biting>{{cite journal|title=Biting the D.V. Bullet: Are Domestic-Restraining Orders Trampling on Second Amendment Rights?|author=Slocum, Peter|date=2010|volume=40|issue=2|journal=Seton Hall Law Review}}</ref> Federal law prohibits any person who is subject to a state protective order from possessing a firearm,<ref>{{UnitedStatesCodeSub|18|922|g|8}}</ref> provided that the protected party is an intimate partner, meaning a spouse or former spouse, or a person with whom the protected party has had a child.<ref>{{cite web|url=https://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01116.htm|title=Prosecutions Under 18 U.S.C. § 922(g)(8)|date=19 February 2015|publisher=U.S. Attorney Manual}}</ref> Violating a restraining order is a [[Deportation and removal from the United States|deportable]] offense.{{Cn|date=November 2024}}

Some states (e.g. Mississippi<ref>{{cite web|url=http://michie.com/mississippi/lpext.dll?f=templates&fn=main-h.htm&cp=|title=LexisNexis® Legal Resources|access-date=2009-03-13|archive-date=2009-04-05|archive-url=https://web.archive.org/web/20090405065448/http://michie.com/mississippi/lpext.dll?f=templates&fn=main-h.htm&cp=|url-status=dead}}</ref>) may also call a restraining order a [[peace bond]] and are similar to [[Anti-Social Behaviour Order|ASBO]] laws in the UK.  Minnesota law provides for an order for protection (OFP) and a harassment restraining order (HRO).<ref>{{cite web|title=HRO FAQs|url=http://www.mncourts.gov/district/2/?page=1174|publisher=Minnesota Judicial Branch|access-date=February 15, 2012|url-status=dead|archive-url=https://web.archive.org/web/20130815044625/http://www.mncourts.gov/district/2/?page=1174|archive-date=August 15, 2013}}</ref>

Many jurisdictions offer a simplified process for filing a civil complaint for unrepresented litigants. For example, in North Carolina, ''pro se'' litigants can file a 50B (also called a DVPO, for domestic violence protective order) complaint with the clerk of court.<ref>{{cite web|title=Domestic Violence Protective Orders|url=http://ncdomesticviolenceresources.weebly.com/domestic-violence-protective-orders.html|access-date=March 3, 2015}}</ref>

====Types====
In the United States, every state has some form of domestic violence restraining order law,<ref>{{cite web|title=Domestic Violence Civil Protection Orders (CPOs) By State|publisher=American Bar Association Commission on Domestic Violence|url=https://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/Charts/migrated_charts/2016%20CPO%20Availability%20Chart.pdf|date=August 2016}}</ref> and many states also have specific restraining order laws for stalking<ref>{{cite web|title=Stalking/Harassment Civil Protection Orders (CPOs) by State|publisher=American Bar Association Commission on Domestic Violence|url=http://www.ncdsv.org/images/ABA_Stalking-HarassmentCivilProtectionOrdersByState_6-2009.pdf|date=June 2009}}</ref> and sexual assault.<ref>{{cite web|url=https://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/Charts/migrated_charts/SA%20CPO%20Final%202015.pdf|title=Sexual Assault Civil Protection Orders (CPOs) By State|publisher=American Bar Association Commission on Domestic Violence|date=April 2015}}</ref> In the US, each state has its own restraining order laws, but they tend to be divided into  five main types. Not every state will have every type of restraining order on the books. 

A domestic violence restraining order generally protects only parties deemed to be in some form of "domestic" relationship which may, depending on the statute, include a family, household, intimate, or sexual relationship.

A sexual assault restraining order specifically protects a victim of sexual assault regardless of what relationship may or may not exist between petitioner and respondent. If the state has no sexual assault restraining order statute, the victim may still qualify for a domestic violence restraining order if the sexual assault occurred in the context of a domestic relationship or if the statute is written sufficiently broad. In such cases, sexual assault survivors can sometimes qualify for domestic violence restraining orders because any act of sexual intercourse between petitioner and respondent, even during rape, legally establishes the required sexually intimate relationship.

Harassment and stalking restraining orders also generally do not require any specific relationship to exist or not exist between the parties, but also may not be available in all states. These types of restraining orders also generally require at least two instances of, respectively, harassment or stalking to qualify.<ref>{{cite journal|last1=Mindlin|first1=Jessica|last2=Reeves|first2=Liani|title=Rights and Remedies: Meeting the Civil Legal Needs of Sexual Violence Survivors|journal=The National Crime Victim Law Institute|year=2005|url=https://law.lclark.edu/live/files/6469-rights-and-remedies-meeting-the-civil-legal-needs|access-date=1 June 2016}}</ref>

In many cases, one statute may cover more than one type of restraining order. For example, what is called a [[Harassment Restraining Order|harassment restraining order]] in Wisconsin also specifically includes cases of sexual assault and stalking.<ref name="wcadvrestrainingordergrid">{{cite web|title=Restraining Orders in Wisconsin|url=http://endabusewi.org/sites/default/files/resources/II-C%201%20Restraining%20Order%20Grid.pdf|work=WCADV|publisher=Wisconsin Coalition Against Domestic Violence|access-date=26 July 2014|archive-date=8 August 2014|archive-url=https://web.archive.org/web/20140808151608/http://endabusewi.org/sites/default/files/resources/II-C%201%20Restraining%20Order%20Grid.pdf|url-status=dead}}</ref>

In California, domestic violence restraining orders are issued under Family Code Section 6200, et. seq.<ref name="California Family Code - Domestic Violence Prevention Act">{{cite web|title=Domestic Violence Prevention Act|url=http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=10.&part=1.&lawCode=FAM|work=California Family Code|publisher=LegInfo|access-date=13 October 2018}}</ref> The California courts have designed domestic violence restraining orders to be accessible to the public so as not to require a lawyer to obtain or defend against one.

Finally, an [[Extreme Risk Protection Order|extreme risk restraining order]] is a form of US restraining order, currently used in 13 states. Other forms of restraining order will sometimes order firearms restrictions as a part of a larger injunction intended to protect a specific individual. But with an extreme risk restraining order, the sole focus is on the firearms restrictions. It is sought when household members or police believe a particular individual is at risk to use firearms to harm themselves or others. If a court agrees, the person can have their firearms taken away. This type of restraining order is not intended to protect a specific individual but rather the community at large from someone believed to be a danger for gun violence. It has been cited as a possible tool to help prevent mass shootings such as the [[Orlando nightclub shooting]].<ref name="erpo">{{cite news|url=https://abcnews.go.com/US/temporary-restraining-order-guns-stop-mass-shootings/story?id=51042163|title=How a temporary restraining order for guns could help stop mass shootings|last=Fies|first=Andy|date=February 16, 2018|work=[[ABCNews.com]]|access-date=February 18, 2018}}</ref>

===Czech Republic===
A domestic violence restraining order in the Czech Republic may be issued by a police officer or by a court.

Any police officer has authority under the Police Act to issue restraining order prohibiting a person from entering common dwelling and nearby areas and from contacting the threatened person. Such restraining order is valid for a period of ten days. In case that the threatened person files for court restraining order, the police restraining order remains valid until court renders decision.<ref name="Czech-gawron">{{cite web
 | url = https://gawron.cz/when-marriage-becomes-unbearable-restraining-order-and-preliminary-injunction-for-alimony-prior-to-divorce-in-the-czech-republic/|title=When marriage becomes unbearable: Restraining order and preliminary injunction for alimony prior to divorce in the Czech Republic|last=Gawron|first=Tomáš|date=12 May 2020|website=gawron.cz|access-date=12 May 2020}}</ref>

A court may issue a domestic violence or stalking restraining order based on application of threatened person for a period of up to one month. This may later be extended if the threatened person files for extension. Extension is possible for necessary period of time, but no more than six months in total.<ref name="Czech-gawron" />

Breaching of restraining order is a separate crime punishable by up to two years of imprisonment.<ref name="Czech-gawron" />