Also known as:abuse prevention orders · protective order · restraining order
Written by attorneys · grounded in primary & secondary sources — see below
A court order issued to protect a victim of domestic abuse from further harm by the abuser. It typically prohibits contact, requires the abuser to vacate the shared residence, and may include other measures upon a showing of physical or emotional harm.
Sources & Authorities
How it applies
Common Examples
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Discovery Limits in Abuse Case
Audrey Ashton sought an abuse prevention order against her husband Antonio Alvarado after repeated confrontations caused panic attacks. During discovery in the dissolution action, Antonio moved for limits on disclosure of sensitive records. The court granted the motion after the parties conferred in good faith, shielding personal health information from unnecessary exposure.
Prosecutor Disclosure Duties
Aisha Ahmed obtained an abuse prevention order against her former partner Aaron Adams following threats during separation proceedings. The prosecutor learned of exculpatory evidence about Aaron's alibi and disclosed it promptly to defense counsel. The protective order remained in force while the underlying criminal matter proceeded.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Partnership Dispute Relief
Adrian Aguilar petitioned for an abuse prevention order against his limited partner Ava Adebayo after escalating verbal abuse threatened business operations. The partnership agreement allowed derivative claims, and the court granted extraordinary relief in the form of a temporary restraining order to prevent further interference.
Security for Injunctive Relief
Antonio Alvarado requested a preliminary injunction as part of enforcing an existing abuse prevention order against his estranged spouse. The court required him to post security in an amount sufficient to cover potential costs if the restraint proved wrongful. The United States was not required to provide any bond.
Custody Compliance Order
A mother subject to an abuse prevention order was required to produce her child for a custody evaluation. The court enforced the order despite self-incrimination concerns because the production itself was not testimonial. Compliance preserved the child's safety without violating constitutional protections.
Baltimore City Department of Social Services v. Bouknight493 U.S. 549, 556 (1990)
Funding Restrictions Challenge
A state program denied benefits to a recipient under an active abuse prevention order. The court upheld the restriction because the order did not create a constitutional entitlement to the withheld funds. The decision preserved the protective purpose of the order while respecting legislative funding choices.
Maher v. Roe432 U.S. 464 (1977)
Common questions
Frequently Asked
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What showing is required to obtain a temporary order excluding a spouse from the home under an abuse prevention order?+
A court may issue the order upon evidence that physical or emotional harm would otherwise result to the moving party. Repeated confrontations causing panic attacks and supported by a therapist's note satisfy the emotional-harm standard even without physical violence.
Does an abuse prevention order require proof of physical violence?+
No. Emotional harm alone is sufficient when supported by objective evidence such as medical treatment for panic attacks and a professional opinion linking continued contact to ongoing distress.
How does an abuse prevention order interact with property-division claims in dissolution proceedings?+
The order preserves the status quo by preventing dissipation of marital assets. A verified petition requesting equitable division of identified partnership property supplies adequate notice for interim restraints even if specific relief was not pleaded with particularity.
357 U.S. 449, 78 S. Ct. 1163, 2 L. Ed. 2d 1488 (1958)Constitutional Law
…steps to qualify itself to do business therein. Petitioner demurred to the allegations of the bill and moved to dissolve the restraining order. It contended that its activities did not subject it to the qualification requirements of the statute and that in any event what the State sought to accomplish by its suit would violate…