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Help Yourself -
Temporary Restraining Order
A Temporary Restraining Order (TRO) is a
legal document that orders the batterer to stay a certain distance from you, to
cease any contact and harassment, to move out of our home, and to give you
temporary custody of your children. TROs are granted by the court and you must
clearly request what you would like the TRO to do.
A TRO is NOT a magic shield that will guarantee
your safety but it is a necessary tool if you want to utilize the judicial
system to prosecute your abuser to the fullest extent under the law if they
should violate it.
SAVE offers
free Temporary Restraining
Order clinics to guide you through the process of completing a
TRO.
Possible effects of a TRO:
-
It may discourage your abuser and improve your situation.
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It may infuriate your abuser and worsen your situation.
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It can give you a feeling of empowerment and control over your own life
Definite effects of a TRO:
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Punishment for breaking a TRO is stricter than punishment for abuse
without an order.
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It will alert your local police of your situation.
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It gives you specific rights under the law (check with your county and
state to learn more).
If you choose to receive a TRO, follow these steps to help the
authorities help you:
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Keep a copy of your TRO in a safe place. ALWAYS KEEP A COPY ON YOUR
PERSON!
-
Give a copy of your TRO to the police department where you live and in all
the areas that you visit (friends, family, baby-sitter, and where you
work).
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If you visit other counties, register your TRO with those counties (check
with local authorities or your local domestic violence agency to find out
more).
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Tell EVERYONE you know that you have a TRO (your employer, church leader,
friends, family and baby-sitter etc.).
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If you lose your TRO, go to your County Courthouse and get another copy
IMMEDIATELY!
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If your abuser violates the TRO, call the police and report it. Call your
lawyer, advocate, counselor, and/or tell the courts about the violation.
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If you do not feel the police have helped/resolved the violation to your
satisfaction call your attorney or call the police chief yourself and file a
complaint. (Unfortunately the police have seen a lot of domestic abuse and
witnessed time and time again the victim refusing to prosecute their abuser.
A TRO will show the police and everyone else that 'you mean it this time').
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You can also file a private criminal complaint with the district judge in
the jurisdiction that the violation took place or with the District
Attorney. Your attorney or a domestic violence advocate can help you with
this.
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