Who Should File a Restraining Order?

September 21, 2023

There are various types of restraining orders people are using nowadays, including those for co-workers, friends, or those who are victims of crimes. According to Across Walls, a popular public interest analysis website, every year, approximately 2 to 3 million temporary restraining orders go into effect in the United States. Here are some of the common reasons why someone may need a restraining order.

An Individual Who Has Been Abused or Assaulted

If you have been physically, mentally, or emotionally abused, or you have been assaulted, then you may want to obtain a restraining order. A restraining order keeps your abuser away from you, which can ensure that they won't be able to abuse you again. If you have children together, then the courts can issue ways for you to exchange custody of the children or communicate about the children, while still ensuring you are safe and do not have to directly see or be alone with your abuser.

Someone Who Is Being Harassed

Harassment is a legal term that encompasses many different actions. This may include someone calling or texting repeatedly, someone showing up to your work just to scare you, or someone intimidating or bullying you. The Internet has also changed the way people can be harassed, including emailing, posting untrue information online, or even posting personal or risque photos online. If you're being harassed, then a restraining order can put an end to it.

A Person Who Is Being Stalked

Lastly, if you're being stalked, then you may be extremely scared. No one should have to live in fear or watch over their shoulder. If someone shows up to your home or place of work or sits outside of these venues and watches you, then you may need to get a protection order to stop the unwanted behavior.

Deciding to get a restraining order is something that should be taken seriously. If you have been abused or assaulted, if you're being harassed, or if someone is stalking you, then getting a restraining order can help you to stay safer and feel safer. If you have questions about getting a restraining order or are wondering if you will qualify for one, then reach out to us today at Nigel Villanueva to get the answers to the questions you may have.

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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.