Restraining Orders

WHAT IS A RESTRAINING ORDER?

A restraining order can prohibit the abuser from coming near, attacking, sexually assaulting or contacting you, your children, or other family members. When you are asking for a restraining order, in most states, you can also ask for temporary custody of your children, child support, that the batterer be removed from your home, and that the batterer not interfere with your immigration status. You do not need to be a citizen or legal resident to get a restraining order. If you do get a restraining order always carry it with you. If you notice that your batterer has come near where you work or stay, you can call the police and they will arrest the batterer.

There are Four Types of Restraining Orders:

  1.  EPRO-Emergency Protective Restraining Order

    • Clients generally obtain emergency protective restraining orders once they make the emergency call to the police who arrive at the crime scene and make a determination of the victim’s safety.

    • A phone call is made to the on-call Judge and an EPRO may be granted.

    • EPRO lasts from 5-7 days to give time for the client to file a TRO.

    • A Maitri Legal Advocate steps in at this stage to help if the client requests assistance in filing the TRO. The Maitri Legal Advocate works with the client in drafting her declaration and filling out the restraining order forms (i.e. stay away, no contact, move-out).

  2. TRO-Temporary Restraining Order

    • If granted by a judge, the TRO is valid from the day it was granted till the date the RO documents have been served on the other party

    • TRO is valid until the Civil Restraining Order (CRO) hearing. The TRO generally lasts for about 3 weeks

    • Once you have been granted or denied a TRO, you can choose to represent yourself at the CRO hearing, or retain an attorney. A Maitri legal advocate will assist in coaching and prepping you if you are self-represented and request this assistance

  3. CRO-Civil Restraining Order

    • This order is issued after the TRO expires after approximately 3 weeks (i.e. the day of the CRO hearing).

    • The CRO can last between 3-5 years and is renewable upon the client’s request as long as the order has not expired.

  4. CPO-Criminal Protective Order

    • CPO is filed by the District Attorney and granted by the Criminal Court

    • It can last up to 3 years but could expire much sooner

    • It is not in your control and the Criminal order has priority over the Civil order.