Restraining Order Eligibility Criteria

You are eligible to obtain a restraining order against the following people:

  • Someone you are married to or used to be married to
  • Your adult relatives, either by blood, marriage or adoption
  • Someone you are currently living with or used to live with in a sexually intimate relationship within the last two years
  • Someone with whom you have had a sexually intimate relationship with in the last two years, but never lived with

And, in the last SIX months, the person you are filing against has:

  • Caused you bodily injury, and/or
  • Attempted to cause you bodily injury, and/or
  • Placed you in fear of imminent bodily injury, and/or
  • Caused you to engage in a sexually, intimate relationship by force or by threat of force

If you are under the age of 18, you can obtain a restraining order against someone over the age of 18, if that person is someone you are or were married to, or if you have ever had a sexual relationship with that person within the last six months.

Those over the age of 65 or disabled persons are excepted from these criteria. The application process in these cases is much more simplified. No qualifying relationship required, but petitioner must be elderly or disabled, and one incident of abuse is required. Such incidents may include, but are not limited to:

  • Neglect
  • Abandonment
  • Sexual abuse
  • Financial exploitation
  • Inappropriate language causing emotional and/or physical harm

 Continue here to find out about the process of filing for a Restraining Order.