How to Enforce a Restraining Order

Restraining orders are legal remedies used to keep someone away from another individual for a specified period. After filing a restraining order, you may have to take further action to ensure it is enforced. Follow these steps.

Difficulty: Challenging

Instructions

Things You'll Need:

• Computer with Internet access
• Police department or other law enforcement agency
• Telephone

Work With Law Enforcement and the Courts to Enforce a Restraining Order

1. Restraining orders do not limit your right to occupy a space inhabited by the target of the order. The court places all the restrictions on your abuser or stalker and if that person violates the boundaries of the order, the courts will take action against him or her, not you.

2. Ask for assistance from a trained advocate or counselor, such as the National Coalition Against Domestic Violence (see Resources below), to understand the terms of the restraining order. Learn its limits so you can make sure the order is fully enforced.

3. Contact the police immediately if the restraining order is violated. You may dial 911 on your telephone if you are in immediate danger.

4. The judge may find the perpetrator in contempt if the restraining order is violated frequently. The court can then enforce the restraining order through incarceration or other penalties, depending on the terms of the restraining order.

5. Most restraining orders have an expiration date. Depending on the state you live in, you should submit the appropriate paperwork to request an extension at least 3 months before the expiration date.

Tips & Warnings

• Each state requires different levels of evidence from anyone who files a restraining order. The assistance of a lawyer or other advocate is generally needed to understand the filing process.
• Victims of harassment and abuse are often not safe in their own homes, at their place of business or employment, or in public places. According to the National Coalition Against Domestic Violence, these victims face the most danger immediately preceding and following the court's decision to render a restraining order. It is important to create a safety plan by working with the counselors at the National Coalition Against Domestic Violence or an advocate at your local crisis center (see Resources below).

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