A restraining order, also known as a protective order, can shield victims of assault, stalking, domestic violence, and other abuses from seeing their abuser. A restraining order acts as a legal wall between having to see or speak to the person who would cause them harm.
A restraining order uses legal ramifications to deter the abuser from contacting or approaching the protected person. Because of this, the abuser is called the restrained person. It also gives the police the ability to arrest the restrained person if they break the rules of the restraining order.
This often leads people to wonder, what all does a restraining order do? Does a restraining order go both ways? Can the protected person who requested the restraining order get in trouble if they contact the restrained person? Keep reading below to learn more.
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Different Protection Orders
As we previously mentioned, a restraining order protects someone from someone else who would harm them. A restraining order usually includes some combination of the following:
- Personal Conduct Order: Stops social contact such as emailing, phone calls, or sending any type of message. It also stops physical contact and harassment. This can bar the restrained person from attacking personal property.
- Stay-away Orders: These require the restrained person to keep a specific distance away from the protected person. It also covers places the protected person frequents, such as their home, places they live, their children’s schools, vehicles, and more.
- Residence Exclusion: When the restrained person and protected person live together, a judge may issue a “move out” or “kick out” order. This requires the restrained person to gather clothing and personal belongings and leave until the court hearing.
Does a Restraining Order Apply To Both Parties?
A restraining order does not go both ways.
A restraining order restrains one person and protects another. The protected person does not have to stop going places they enjoy. They usually don’t have to move out of their home or cease contact with friends and family. They get to focus on healing.
If a protected person runs into the restrained person, such as at the mall or gas station, the protected person does not have to leave. The restrained person has to leave.
The protected person is allowed to reach out to the restrained person. However, it’s frowned upon and not encouraged. The restrained person is absolutely not allowed to respond.
Can the protected person get in trouble for contacting a restrained person?
Generally no. If the protected person starts harassing the restrained person, that’s a different situation entirely. It’s usually best if the protected person doesn’t contact or speak to the restrained person at all.
San Diego Restraining Order Help With Hassett Family Law
If you feel your safety is in jeopardy, a restraining order can give you the legal protection to live your life in peace. Our legal team at Hassett Family Law has over 20 years of experience, exclusively in Family Law. Our mission is to protect you and your family. Please contact us today for a complimentary consultation.