Restraining orders are legal tools designed to protect people from harm, harassment, or stalking. They offer legal protection from domestic violence, stalking, elder abuse, and even sexual assault. But just how long do these orders last?
The answer isn’t always straightforward. The duration of a restraining order can vary significantly, depending on the type of order and the laws of the state or jurisdiction where it’s issued. Things like the severity of the threat can also influence how long the order remains in effect.
This article will provide a comprehensive overview of restraining order durations, the factors that influence them, and what you need to know about the process.
Types of restraining orders and their duration
The length of time a restraining order lasts depends on the type of order it is.
Emergency Protective Orders (EPOs)
An EPO is issued for immediate, short-term protection, often ex parte, which means it’s issued without the other party present.
These orders are designed to last for a short time, generally between 7 and 14 days, although in some places, they may only last for a few days.
Temporary Restraining Orders (TROs)
TROs provide temporary protection while the parties involved seek a more permanent solution.
These orders typically last between 14 and 30 days, although 20 to 25 days is more common.
Permanent/Final Restraining Orders
These orders are designed to provide protection over the long term.
Permanent orders can last anywhere from several months to several years, and in some cases, they can last indefinitely.
It’s common for these orders to last from one to five years, with the possibility of extending them. In Georgia, these orders last forever unless the person who requested the order lifts it or one of the parties dies.
Other types of restraining orders
There are also civil harassment orders, which generally last up to one year; workplace violence restraining orders, which also typically last up to one year, though this can vary; and elder abuse restraining orders, which can last up to one year with the potential for an extension.
What can change how long a restraining order lasts?
A few things can determine the final length of a restraining order:
- How serious the threat is. The more credible and severe a threat, the longer the court will likely order protection.
- Where you live. State and local laws decide the minimum and maximum lengths of different restraining orders.
- Whether the restrained person follows the order. If they violate the order, the court may extend it or make it permanent.
- How much evidence you have. Stronger evidence usually results in a longer order.
- Whether children are involved. If children are in the picture, the court is more likely to order a longer period of protection to ensure their safety.
- Whether there’s a history of abuse. A history of violence may result in a permanent order.
- Mutual agreements. In some cases, both parties may agree on a specific time frame for the order.
Renewing or extending a restraining order
Restraining orders don’t always last forever. If the person who threatened you is still a threat, you’ll need to renew the order before it expires.
Typically, you’ll have to file a new petition with the court and provide updated evidence that you’re still at risk. The court will look at the respondent’s behavior and any new instances of abuse or harassment to decide whether you still need protection.
In some places, you might be able to get an automatic extension under specific circumstances.
Because renewing a restraining order can be complicated, you may want to talk to a lawyer. A lawyer can help you gather evidence and build a strong case.
What happens if someone violates a restraining order?
Violating a restraining order is a crime. The person who violates the order may face:
- Criminal charges
- Fines
- Jail time
A restraining order violation can also hurt the respondent in future legal proceedings. If someone violates a restraining order repeatedly, the court may impose stricter penalties.
If someone violates a restraining order against you, report it to law enforcement immediately.
Final Thoughts
To sum it up, the length of a restraining order depends on the type of order, where you live, and the specific details of your case. Emergency protective orders (EPOs) are short-lived, temporary restraining orders (TROs) give you protection until a hearing, and permanent orders can last for years or even indefinitely.
Because laws and procedures vary, it’s crucial to understand the rules in your area. If you’re seeking a restraining order, need to renew one, or are facing one, talk to a lawyer. An attorney with experience in this area of law can guide you through the process and safeguard your rights.