Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Restraining order
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
====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>
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)