What percentage of restraining orders are false?
Asked by: Xavier Lynch | Last update: November 5, 2025Score: 4.9/5 (11 votes)
It can also include the mere threat of violence—if a person is accused of threatening to commit physical abuse or harassment, he or she may be slapped with a restraining order. As such, an estimated 70 percent of all restraining orders are thought to be trivial or false.
What percentage of restraining orders are violated?
Another important measure is the specific nature of the violation (e.g., verbal contact, psychological abuse, or physical violence). The reported rates of protection order violation vary widely across studies, from as low as 7.1 percent to as high as 81.3 percent.
How effective are restraining orders?
85% of abuse victims reported life improvement after taking out a restraining order. More than 90% percent reported feeling better about themselves. 80% felt safer with a restraining order in place.
What are good reasons to drop a restraining order?
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Can you sue someone for getting a restraining order against you?
Yes, you can sue someone even if you have a restraining order against them. If you do this, then they will be allowed to communicate with you for litigation purposes, so you'll be waiving your restraining order protections to some extent.
TRUTH About RESTRAINING ORDERS that will SAVE YOUR LIFE
Can you call someone if they have a restraining order against you?
Contact Restrictions & Prohibited Behaviors
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person. Contact can include direct communication, such as: Phone calls. Text messages.
What to say in court for a restraining order?
“I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction. Examples: “I want this injunction because…” “I fear for my child's safety.” “My child's life is in danger, I am afraid he or she will be hurt…”
How hard is it to drop a protection order?
To dismiss an order of protection, certain legal requirements must be met, like proving no violation happened or submitting a motion for dismissal. In order to have an order of protection dropped, one must: Return to the county court where the petition for the original order was filed. Complete the necessary paperwork.
How long do most restraining orders last?
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
Why is it so hard to get a restraining order?
If there isn't any current harassment, the judge won't grant the person's request. Unfortunately, courts have to be picky in their screening process because of too many people taking advantage of the court system by getting restraining orders because of personal vendettas.
Can someone file a restraining order without you knowing?
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
How common are false restraining orders?
It can also include the mere threat of violence—if a person is accused of threatening to commit physical abuse or harassment, he or she may be slapped with a restraining order. As such, an estimated 70 percent of all restraining orders are thought to be trivial or false.
Can you accidentally violate a restraining order?
Regardless of the size of your town, the court will expect you to abide by the restraining order against you and question the validity of an accidental run-in. Unfortunately, unintentional violations of restraining orders do happen. The most common example of unintentional violations is unplanned meetings.
What is the biggest distance on a restraining order?
Permanent protective order restrictions include prohibitions against stalking, attacking, or communicating with the petitioner. The specified distance is about 100 yards from the protected person. The restrictions cover phone calls, texts, emails, letters, and physical contact.
How successful are restraining orders?
Effects of protection orders.
The act of applying for a civil protection order was associated with helping participants to improve their sense of well-being. In the initial interviews, 72 percent of participants reported that their lives had im- proved.
Can I be around someone I have a restraining order against?
Most restraining orders will require you to keep a certain amount of distance between you and the protected person at all times. Contacting the alleged victim. Typically, a protection order will bar you from contacting the person who took out the order against you in any way.
Can I sue someone for filing a false restraining order?
The victim of the false claim may file a civil lawsuit seeking damages for harm caused by the false allegations. The defendant may be required to compensate the victim for financial losses, emotional distress, and any other damages incurred as a result of the false order.
How to find out if someone has been served a restraining order?
Go to the local district courthouse where the restraining order would have likely been filed. You can use your brother's name (he would have been the defendant) to locate his file. If he was served with a restraining order, there will be a file with his name enclosing all documents filed.
How to write a letter to a judge for a restraining order?
Tell the Judge in your own words what events have occurred to cause you to need a Personal Protection Order. The Judge will only know what you put in writing. The Judge will not look up or do any kind of investigative work regarding criminal charges or police reports you mention in your statement.
What happens if the petitioner does not show up to a restraining order hearing?
If you miss your court hearing for a temporary restraining order in California, the court may dismiss your request for the order due to your absence. When a petitioner does not show up, the court often interprets this as a lack of interest or necessity in pursuing the restraining order.
Does a restraining order cover text messages?
Restraining orders can cover various forms of communication, including in-person contact, phone calls, emails, and, in some cases, text messages.
How are you notified of a restraining order?
Restraining orders are typically served by the police. Having the police show up at your doorstep is not an experience many wish to have, but it is done in this manner because the court requires verification that you have been served with the restraining order.
Can a victim get in trouble for violating a no contact order?
However, in rare cases victims have been charged with facilitating breaches because of their efforts to contact an accused person or have the accused person contact them. Usually they are not charged. A no contact order violation by a victim is not a violation of a court order.
Can a third party report a restraining order violation?
Yes, they most likely will investigate. I can't guarantee what they will do, of course, as they do have discretion. But in almost all circumstances, the violation of a protective order will be a law enforcement priority.