DART: Will I Be More or Less Safe if I File for A Restraining Order? Part One

Domestic violence survivors seek “personal protection orders,” “protection orders,” or “temporary restraining orders,” as they are called in some jurisdictions, to help safeguard themselves and their children from abusive partners and ex-partners.

Once in place, protection orders are intended to limit contact between the abuser and the survivor. Protection orders make certain actions by the abuser illegal. Ideally, the abuser would refrain from violating the order, giving the target—and involved children—a greater sense of peace and safety.

A protective order also shows an abuser that the victim is serious about getting out and getting help.

Many survivors worry that seeking a protection order will enrage an abuser and lead to increased abuse. While there are countless tragic examples of survivors being assaulted or killed while a protection order is in place, it is not clear that the protective order in any way contributed to the abuse. Most likely, it was not the protective order that increased the violence. Rather, either the victim sought the protective order because the violence was escalating, or the abuser became more violent upon seeing the victim break free.

Research explores how often protective orders are or are not violated. Study results vary widely. A National Institute of Justice study found that about half of orders are violated in some way. Advocates encourage survivors to report every single violation, even ones that may seem “harmless,” such as a text saying “I still love you” or a rose left at their door. Even these “small” actions are communications from abusers that they are not respecting survivors’ boundaries or court orders. Sometimes the total accumulation of violations will be enough for police or the courts to take action, even if the individual acts may seem insignificant.

Many Law enforcement officers consider protective orders extremely helpful, but caution that they are not magic wands. In addition to the emergency restraining order, also talk to DV victims about other ways to stay safe, such as having a family member or friend stay with them, keeping aware of their surroundings and noticing if something is suspicious in the area—such as a car parked down the street—keeping their phone on them at all times and having the ability to call 911 if an interaction with the abuser occurs.

In most DV cases, the restraining order gives police a tool to get the abuser to vacate the home and give the victim space. The protective order also shows that child protective services or child welfare that the victim is taking steps to keep themselves and their children safe, in cases where they are involved.