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Jun 4, 2025
Interstate Protective Order
Understanding Restraining Orders
What is a Restraining Order?
A restraining order is a legal order issued by a court to protect a person from harm or harassment. It can prohibit the restrained person from contacting or coming near the protected person.
Types of Restraining Orders
What are the three types of protection?
There are several types of restraining orders, including emergency protective orders, temporary restraining orders, and permanent restraining orders. Each type serves a different purpose and duration, depending on the situation and the level of threat involved.
How Do Restraining Orders Work?
Once a restraining order is issued, the restrained person must comply with all conditions set by the court. Violating a restraining order can result in arrest and criminal charges.
Enforcement and Limitations
Are restraining orders interstate?
Restraining orders are generally enforceable across state lines due to federal laws such as the Violence Against Women Act. This means that a restraining order issued in one state is recognized and can be enforced in another state.
Restraining Orders and Child Custody
Does a protective order trump a custody order?
In some cases, a restraining order may include provisions that affect child custody or visitation. Courts will consider the safety of the child and the protected person when making custody decisions, and a restraining order can temporarily override existing custody arrangements if necessary for protection.
Duration and Distance of Restraining Orders
What is the maximum distance for a restraining order?
The maximum distance specified in a restraining order can vary depending on the jurisdiction and the circumstances of the case. Courts may set a specific distance, such as 100 yards or 500 feet, that the restrained person must stay away from the protected person, their home, workplace, or school.
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