Steps to Get a Restraining Order against an Abusive Life Partner

Ending a relationship can be difficult. Ending an abusive relationship can be both difficult and extremely dangerous. Unfortunately, many men and women are subjected to psychological and physical abuse by a significant other. For example, approximately 1-in-4 women and 1-in-7 men who are 18 years of age or older have endured physical violence by an intimate partner in their lifetime, according to the National Domestic Violence Hotline. If that was not bad enough, more than 1-in-3 women and more than 1-in-4 men in the United States report being the victims of rape, physical violence and/or stalking by an intimate partner during their lifetimes.

If you are being abused by your significant other, now is the time for action. Do not keep telling yourself that “it will get better eventually.” Do not lie to yourself and think “I can change them” or you can “work through this.” When a significant other is physically violent, they need to be held accountable and you need to protect yourself (and your children, if you them).

How to Get a Restraining Order

The steps to obtaining a restraining order against a significant other or any individual will vary based upon the state you reside in. For example, in Nevada, when someone fears that an intimate partner or close family member will physically harm them, they can file for a temporary or extended protective order, also known as a restraining order. There are two types of restraining orders:
1. Temporary protective orders
2. Extended protective orders

Overview of Temporary Protective Orders

In most cases, an individual will first seek to obtain a temporary protective order before pursuing an extended protective order. It may be possible to file for a temporary restraining order (commonly referred to as a “TPO”) as soon as you reasonably believe you are in danger.

You be asking yourself, “Will I have to notify my abuser or appear in court with them?” The answer is no. The court does not have to provide notice to an individual that a TPO has been granted.

Generally, a TPO lasts for up to 30 days. They do not go beyond 30 days because, as the name implies, they are intended to be temporal in nature. TPOs are designed to help stop or prevent threats, harassment, or physical harm to the individual who applied for the TPO. The goal is to provide a period of time for that individual to separate from the abuser and ensure they will not be subjected to physical violence in that process.
When a TPO is issued by a court, it means the alleged abuser will be legally prohibited from entering the home of the individual who filed for the TPO, their school, their place of work, or anywhere else the person routinely visits. The court also has the authority to include other requirements to the TPO as necessary.

Overview of Extended Protective Orders

If the threat of violence continues beyond the typical 30 days allotted for a TPO, then an Extended Protective Order (“EPO”) can be pursued. An EPO can be much broader than a TPO and they are enforceable for up to one year. An important distinction with EPOs is that the alleged abuser will need to be notified if an EPO is going to be issued. This is because EPOs involve so many important rights for such a long period of time. Once notified, a hearing will be scheduled before a court, arguments can be made both for and against the issuance of the EPO and a judge will hear both sides before they decide whether to grant or deny the EPO.

The limitations imposed on an alleged abuser as a result of an EPO often include the same restrictions as a TPO, including a general prohibition on contacting the individual who filed for the EPO. The EPO also prohibits the alleged abuser from contacting the family of the filer. The restrictions set forth in the EPO could also prevent the alleged abuser from contacting their children and could prohibit the alleged abuser from entering the alleged victim’s home, place of work, school, or other location where the filer visits on a routine basis.

Speak to an Attorney

If you are being abused by a significant other, do not give up hope. You have options and the legal system can be accessed to help protect you from the abuser. Though, the legal system can also be confusing and frustrating. This is why it makes sense to contact an attorney to discuss your situation and assess the best path forward.