4 Common Myths About Restraining Orders

May 9, 2023

Over the years, courts have supported abuse victims through restraining and protective orders. However, many people misunderstand protective and restraining orders, potentially threatening their abuse case and safety. Keep reading to understand four myths about restraining orders.

1. Restraining and Protective Orders Are the Same

While both restraining and protective orders keep people safe, they are different. A protective order typically provides an immediate remedy for the affected person, such as jail time for anyone who violates it. A restraining order works in a more limited method but still provides legal recourse for anyone affected.

2. A Restraining Order Can't Help With Domestic Violence

According to the Journal of American Academy of Psychiatry and the Law, California alone maintains around 880 protection orders per 100,000 adults. Of these orders, between 84% and 92% are for domestic violence. Restraining and protection orders help in domestic violence cases by keeping the aggressor away from the affected party and their children and ensuring they stay healthy.

3. You Can't Get a Restraining Order While Married to the Abuser

Anyone can get restraining orders, even if they're still in a relationship with or married to someone. While courts strongly encourage abused people to leave their partner, they don't refuse protective orders if they can keep that individual safe. As a result, many restraining orders exist for married couples, which force someone, usually the abuser, to find a new residence while it remains in effect. In some cases, however, the abused member may simply leave the home to avoid confrontation.

4. You Need Proof to Get a Restraining Order

Currently, there isn't a requirement to provide evidence of abuse to receive a restraining order. While this evidence improves your case and may help in criminal or civil cases, you can file a restraining order whenever you want. This is because courts consider a restraining order an important protective measure to help an abused person escape violence while pursuing legal recourse.

Breaking through the myths about restraining orders can ensure you understand this process. It can also help you know when to get one to protect yourself and your children. If you need help getting a restraining order and still feel uncomfortable with this process, contact Nigel Villanueva today to learn more.

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3 Legal Protections a Restraining Order Offers in Domestic Violence Cases

July 24, 2025

Domestic violence remains a serious issue that affects people across all backgrounds. According to PlanStreet, more than one in three women and one in four men have experienced physical violence, rape, or stalking by an intimate partner in their lifetime. For those experiencing abuse, a restraining order provides important legal protections that can help create immediate safety and long-term stability. Working with an experienced restraining order lawyer can make a critical difference in securing these protections effectively. Enforce Distance From the Abuser One of the primary legal protections a restraining order offers is requiring the abuser to stay a certain distance away from the victim. This includes places like the victim’s home, workplace, or even a child’s school. By enforcing physical separation, the law aims to reduce opportunities for further violence, intimidation, or harassment. The mandated distance serves as a legal barrier that protects victims from additional harm and can deter the abuser from violating boundaries. Prohibit All Forms of Contact Restraining orders can also prevent the abuser from contacting the victim in any way. This includes phone calls, text messages, emails, social media, or indirect communication through third parties. In today’s digital world, cutting off all forms of communication is vital. Constant threats or manipulation through messages can retraumatize victims and disrupt their healing. A restraining order lawyer can help ensure this no-contact clause is strongly enforced so that victims can begin to rebuild their emotional well-being. Extend Protection to Children In many domestic violence cases, children are also at risk. Restraining orders can include provisions to protect minor children, such as restricting visitation rights or establishing supervised visits. Courts may tailor the order to safeguard the child’s physical and emotional safety. Ensuring the protection of children helps prevent long-term trauma and promotes a healthier, more secure environment for the family. A skilled restraining order lawyer can assist in including appropriate child-related protections in the order. Take the Next Step Toward Safety If you or someone you know is facing domestic violence, legal help is available. Restraining orders offer life-saving protections—from enforcing distance, blocking communication, and safeguarding children. Don’t wait to take action. Contact Nigel Villanueva today to speak with a knowledgeable attorney who can guide you through the process and help you reclaim control over your life.