--- title: Restraining Orders description: "\tRestraining Orders – The evidence is inconclusive\r\n\r\n\r\nSummary of the Evidence\r\n\r\n•\tThe evidence on restraining orders on recidivism is inconclusive.\r\n•\tOften restraining orders are issued in response to an abusive intimate relationship but can be issued for other domestic relationships as well (e.g., family members).\r\n•\tThe empirical evidence refers to the use of restraining orders used in domestic abuse circumstances. Less is known about no-contact orders used in supervision. \r\n\r\n\r\nWhat Are Restraining Orders?\r\n•\tRestraining orders are a form of legal protection that prohibits abusers from having contact (physical or communication) with victims. They can come in the form of temporary restraining orders (TROs) or permanent restraining orders (PROs).\r\no\tTROs are protective orders that last for short periods (weeks/months).\r\no\tPROs are protective orders that last for more extended periods (years).\r\n•\tThe total length of time a restraining order can last depends on local and state laws.\r\n•\tVictims of domestic abuse can file for restraining orders against their abusers without having to wait for the traditional criminal justice processes to occur.\r\n•\tNo-contact orders have the same effect as a restraining order, but they are issued by the courts or by supervision departments rather than being requested by victims.\r\n\r\nHow Are They Used?\r\n•\tA no-contact order with victims is often issued as a standard supervision condition.\r\no\tOfficers often have no say in this process.\r\n•\tRestraining orders, which are processed more quickly and with lower standards of proof than criminal prosecutions, are cost-effective legal actions available to victims. \r\n•\tThe purpose of restraining orders is to provide immediate relief and protection for abuse victims. \r\n•\tRestraining orders may include the following restrictions:\r\no\tphysical contact\r\no\ttelephone contact\r\no\tdistance maintained from victim’s residence or place of employment\r\no\tthe type, frequency, and duration of any contact that is allowed\r\n•\tRestraining orders may also include conditions of mental health counseling or substance abuse assessment/treatment.\r\n\r\nHow Can They Be Used to Monitor Compliance?\r\n•\tRestraining orders are surveillance tools by nature.\r\n•\tOfficers can use GPS technology (See electronic monitoring and phone-based monitoring statements) to ensure compliance with the conditions of the restraining order.\r\n•\tIf GPS technology is not used, the officer can use collateral contacts and relationships with the client to ensure compliance with the restraining order.\r\n\r\nHow Can They Be Used as a Supervision Tool?\r\n•\tRestraining orders are not treatment tools.\r\n•\tThe use of restraining orders does little to enhance the treatment goals of supervision.\r\n•\tRestraining orders can limit contact with an unhealthy relationship, helping create an environment conducive to success.\r\n\r\nWhat Are the Costs of Restraining Orders?\r\n•\tThere are no costs associated with restraining orders.\r\n\r\nWhat Do Supervision Staff Think?\r\n•\tSupervision staff report that restraining orders are\r\no\tsometimes appropriate for all low-risk clients and\r\no\tsometimes appropriate for all medium- to high-risk clients except for those in an intimate partner violence special population, for whom it is always appropriate.\r\n\r\nCompliance Level \r\n•\tSupervision staff report that physical sanctions like restraining orders are\r\no\tsometimes appropriate for low-risk clients that are in low or moderate compliance with their supervision conditions,\r\no\tnever appropriate for low-risk clients that are in high compliance with their supervision conditions,\r\no\talways appropriate for medium- to high-risk clients that are in low compliance with their supervision conditions, and\r\no\tsometimes appropriate for medium- to high-risk clients that are in medium or high compliance with their supervision conditions.\r\n\r\n\r\nWhat Should You Expect When Using Restraining Orders?\r\nClient Outcomes\r\n•\tThere is mixed support for the effect of restraining orders on recidivism.\r\n•\tMost of the evaluations of restraining orders focus on women who obtain orders against abusive domestic partners.\r\n•\tAssessment of the effectiveness of restraining orders depends on the follow-up period used in evaluation.\r\no\tStudies with shorter follow-up periods (under six months) report stronger effects.\r\n•\tThere is some evidence that PROs are more effective than TROs in reducing abuse.\r\n•\tOther evidence shows differing results for TROs and PROs.\r\no\tTROs are more effective at preventing psychological abuse.\r\no\tPROs are more effective at preventing physical abuse.\r\n\r\nAre Restraining Orders Evidence-Based Practices?\r\n•\tNo, restraining orders are not evidence-based practices.\r\n\r\nWhat Do People Formerly Involved in the Criminal Legal System Think About Restraining Orders?\r\n•\tPeople with lived experience in the criminal legal system (the “criminal justice” or “legal” system is referred to as the criminal legal system in this document) report that restraining orders are\r\no\tnever appropriate for all low-risk clients and\r\no\tsometimes appropriate for all medium- to high-risk clients.\r\n\r\nCommunication That Strengthens the Officer-Client Relationship (Messaging)\r\n•\tOfficers should make sure that clients fully understand the conditions of any restraining or no-contact orders. \r\n•\tOfficers should walk through troublesome scenarios (e.g., victim contacting client) and options for handling the situation.\r\n•\tOfficers should communicate the consequences of breaking a restraining order.\r\n•\tOfficers should communicate their obligation to protect victims so that they do not jeopardize their position as a change agent for the client.\r\no\tThis can be done by avoiding overly authoritarian communication and reassuring client that the officer is working to help them.\r\n\r\n\r\nSpecial Considerations When Using Restraining Orders With Subpopulations\r\n\r\nGang-Involved\tNone\r\nGeneral Violence\tNone\r\nIntimate Partner Violence\tRestraining orders can potentially illicit negative responses from clients. Clients may be angered by the order and seek revenge or break the order in an attempt to reconcile with the victim. Victims can also seek contact with the client despite the order being in place. \r\nSerious Mental Illness\tNone\r\nSubstance Use Disorder\tNone" url: "https://www.gmuace.org/appropriateness-statement-package/compliance-based-practices/restraining-orders/" updated: "2023-06-09" category: "Compliance-Based Practices" tags: - Client Restrictions - "Compliance-Based Practices" - Inconclusive Evidence Practices --- # Restraining Orders ***Restraining Orders – The evidence is inconclusive*** Summary of the Evidence - The evidence on restraining orders on recidivism is inconclusive. - Often restraining orders are issued in response to an abusive intimate relationship but can be issued for other domestic relationships as well (e.g., family members). - The empirical evidence refers to the use of restraining orders used in domestic abuse circumstances. Less is known about no-contact orders used in supervision.   What Are Restraining Orders? How Are They Used? How Can They Be Used to Monitor Compliance? How Can They Be Used as a Supervision Tool? What Are the Costs of Restraining Orders? What Do Supervision Staff Think? What Should You Expect When Using Restraining Orders? Special Considerations When Using Restraining Orders With Subpopulations   **Similar Topics** ## [Overall Compliance-Based Practice Implementation Considerations](https://www.gmuace.org/appropriateness-statement-package/compliance-based-practices/overall-compliance/) ## [Collateral and Employer Contacts](https://www.gmuace.org/appropriateness-statement-package/compliance-based-practices/collateral-and-employer-contacts/) ## [Drug Testing](https://www.gmuace.org/appropriateness-statement-package/compliance-based-practices/drug-testing/)