What does a restraining order do?

In general restraining orders can include: 

• Personal conduct orders 
  These are orders to stop specific acts against everyone named in the restraining order as a “protected person.” Some of the things that the restrained person can be ordered to stop are:
  • Contacting, calling, or sending any messages (including e-mail);
  • Attacking, striking, or battering;
  • Stalking;
  • Threatening;
  • Sexually assaulting;
  • Harassing;
  • Destroying personal property; or
  • Disturbing the peace of the protected people.
• Stay-away orders 
  These are orders to keep the restrained person a certain distance away (like 50 or 100 yards) from:
  • The protected person or persons;
  • Where the protected person lives;
  • His or her place of work;
  • His or her children’s schools or places of child care;
  • His or her vehicle;
  • Other important places where he or she goes.
• Residence exclusion (“kick-out” or “move-out”) orders 
  These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases. 

What can a gun violence restraining order do?

A judge can grant a gun violence restraining order to stop someone from having, owning, or buying any firearms (guns), firearm parts, ammunition, magazines, or body armor. Once an order is granted by a judge, the police can be called to enforce the order and the restrained person will have to turn in any firearms, ammunition, or body armor they have. 

How do I ask for a gun violence restraining order?

• Only certain people can ask for a gun violence restraining order if they think someone is dangerous and should be restricted from having or buying firearms and ammunition.
• They include: 
• Law enforcement officer or agency
• The person's immediate family member, including a spouse, parent, child, grandparent, or any other person who regularly lives with them now or lived with them in the last 6 months 
• The person's employer
• The person's co-worker who has regular contact with the person and has worked with them for at least a year, and has the employer’s permission to ask for this restraining order 
• An employee or teacher at a school that the person has gone to in the last six months, who has permission from a school administrator or staff supervisor