Getting a Restraining Order After an Assault: Your Rights

Getting a Restraining Order After an Assault: Your Rights

If you’ve been physically assaulted, your immediate concern is likely about safety—both now and in the future. Whether the attack came from an intimate partner, family member, acquaintance, or stranger, you have legal rights designed to protect you from further harm. A restraining order, also called a protective order or order of protection depending on your state, can be a critical tool in reclaiming your sense of security after a violent incident.

As an attorney who has guided assault victims through this process, I understand the confusion and fear you may be experiencing. The legal system can feel overwhelming when you’re dealing with physical injuries and emotional trauma. This guide explains your rights as an assault victim and outlines the practical steps for obtaining a restraining order that can help keep your attacker away from you.

Understanding Your Legal Rights After an Assault

When someone physically assaults you, you gain specific rights under both constitutional law and state victim protection statutes. According to the Office for Victims of Crime, you have the right to safety and protection from further harm, which includes seeking a court order that restricts your attacker’s ability to contact or approach you. You also have the right to be treated with dignity and respect throughout the legal process, to be informed about your options, and to have an advocate or support person by your side.

Importantly, you can pursue a restraining order without hiring an attorney, though legal representation can strengthen your case. In most jurisdictions, there are no filing fees for domestic violence or assault victims seeking protective orders. You’re entitled to access victim compensation programs that can help cover medical expenses and counseling costs, and in many cases, law enforcement must arrest individuals who violate protective orders.

If your assault occurred on someone else’s property due to inadequate security or negligent conditions, you may also have premises liability claims against the property owner in addition to your restraining order options.

Types of Restraining Orders Available

Restraining orders come in different forms depending on your relationship to the attacker and the urgency of your situation. A temporary restraining order provides immediate protection, typically issued the same day or next business day you file, and lasts for two to four weeks until a full court hearing can be scheduled. These emergency orders are granted “ex parte,” meaning the judge reviews only your sworn statement without the attacker being present.

After the temporary order, you’ll attend a hearing where both you and your attacker can present evidence. If the judge finds sufficient proof of abuse and ongoing danger, a final restraining order will be issued, typically lasting one to five years depending on state law. Some states allow permanent orders with no expiration date in cases involving particularly serious violence or sexual assault convictions.

Emergency protective orders represent another category, issued by law enforcement officers or magistrates immediately after an arrest for assault or domestic violence. These provide short-term protection, usually lasting 30 to 61 days, giving you time to file for a longer-term civil restraining order.

What Evidence You Need to Prove Your Case

The standard of proof varies between temporary and final orders. For a temporary order, you typically need only provide a sworn affidavit detailing the assault incident with specific facts: the date, location, what happened, what injuries you sustained, and why you fear for your safety. Your testimony alone may be sufficient at this stage, as judges evaluate whether it’s reasonable for someone in your situation to fear for their physical safety.

For the final hearing, you’ll need to meet a higher standard—typically “preponderance of the evidence,” meaning it’s more likely than not that the assault occurred and you remain in danger. Strong evidence includes photographs of injuries taken as soon as possible after the attack, medical records documenting your treatment, police reports from the incident, and witness testimony from anyone who saw the assault or its aftermath.

Digital evidence has become increasingly important in restraining order cases. Save all threatening text messages, voicemails, emails, and social media communications. Take screenshots with visible timestamps. If your attacker damaged property, photograph that as well. Even if you lack physical evidence, documenting your reasonable fear—such as changing your locks, varying your route to work, or avoiding certain locations—helps demonstrate the ongoing threat you face.

The Process of Obtaining Protection

The restraining order process begins with filing a petition at your local courthouse, typically in the family law or civil division. You’ll complete forms describing the assault incident in detail, providing information about your attacker including their address and workplace if known, and specifying what protections you’re requesting. Many domestic violence advocacy organizations can help you complete these forms and will sometimes allow you to file directly from their offices via videoconference with a judge.

Once filed, a judge reviews your petition quickly—often the same day. If granted, your temporary order goes into effect immediately, but your attacker must be formally “served” with copies of both the order and notice of the upcoming hearing date. Service typically occurs through the sheriff’s department or a professional process server. This step is crucial because the attacker cannot be held in contempt for violating an order they haven’t received.

At the full hearing, usually scheduled two to four weeks after the temporary order, you’ll present your evidence and testimony to the judge. Your attacker will have the opportunity to respond and present their own evidence. This is when having strong documentation becomes critical. If the judge finds that you’ve proven your case by a preponderance of the evidence, a final restraining order will be issued with specific terms tailored to your situation.

What Protection a Restraining Order Provides

A restraining order is a court mandate with real legal consequences for violations. Typical provisions include complete no-contact orders prohibiting any communication through phone, text, email, social media, or third parties. Stay-away provisions require your attacker to maintain a specified distance—often 100 to 500 yards—from your home, workplace, children’s school, and other locations you frequent.

If you shared a residence, the order may require your attacker to move out and stay away. When children are involved, the order can include temporary custody arrangements and supervised visitation requirements. Many orders also mandate the surrender of firearms and ammunition, require attendance in batterer intervention programs, and can even include temporary financial support provisions.

Violations of restraining orders are criminal offenses. The National Crime Information Center (NCIC) maintains a Protection Order File that makes restraining orders enforceable nationwide. If your attacker contacts you or comes within the restricted distance, law enforcement officers have the authority—and in many jurisdictions, the obligation—to arrest them. Violations can result in immediate jail time, criminal charges, fines, and extension of the protective order.

How Kaushal Law Can Help

If you’ve been assaulted and need legal protection, Kaushal Law understands the urgency and sensitivity of your situation. Our experienced assault and battery injury attorneys in Indianapolis can help you navigate the restraining order process while also evaluating whether you have additional civil claims against your attacker or negligent third parties.

We provide comprehensive representation that includes helping you gather and organize evidence, preparing persuasive petitions, representing you at hearings, and ensuring your restraining order includes all necessary protections. If your assault occurred due to negligent security or other premises liability issues, we can pursue compensation for your medical expenses, lost wages, pain and suffering, and emotional distress.

Your safety is our priority. Contact Kaushal Law today for a confidential consultation to discuss your legal options and take the first step toward protecting yourself and your family. Remember, the violence was not your fault, and you have every right to seek protection under the law.