There may be certain people you simply want to "stay away," but how serious is serious enough when it comes to filing for a restraining order? A restraining order is a legal injunction that requires the recipient to refrain from a person or particular activities. In most cases, a restraining order is filed when a person is the victim or stalking, domestic violence, sexual harassment or assault. In order to obtain a restraining order, a person has the burden to prove that such a threat exists. If you simply feel uneasy about a certain person, you may not have enough grounds to file for a restraining order, unless said person has a history of violence or some kind of threatening. Although a restraining order does not give a person a criminal record, it is legally binding and can prevent a threatening person from coming near you.

Domestic violence restraining orders are no doubt one of the most common forms of restraining orders. Unfortunately when relationships turn sour and a spouse calls for a divorce, separation, or something similar, the angered party may threaten to cause harm. If you wish to obtain a domestic violence restraining order, you must prove that said person has abused or threatened to abuse you as well as proving that you have a close relationship with the person. This "close relationship" doesn't have to be marriage; you can file for a domestic violence restraining order even if you are dating, living together or closely related such as in a family relationship. You must go to court to ask permission for a restraining order and usually the judge will decide within the next business day. If the judge grants the order, it will remain a "temporary restraining order" until you are asked to appear in court. Both parties will then go to court and a judge will decide what kind of order is necessary.

If you are a parent and are concerned for your child's safety, you may file for a restraining order on their behalf. If the child is at least 12 years old, they can file for a restraining order on their own. You may not think you qualify for filing a domestic violence restraining order, but are still sure that there is a person who is enough of a threat to you to file a restraining order against them. Again, if a person has made a threat to you, is stalking you, or has physically harmed you, you are absolutely entitled to filing for a restraining order. Restraining orders can also be filed against fathers or mothers who are refusing to pay child support, and the restraining order would require them to do so. Each state has its own requirements for filing a restraining order, so you should consult your state's law to find out what kind of restraining order you can file for and when.

The provisions listed in different restraining orders can prevent a person from coming near you, coming near your workplace, living in your house, having a gun, and even not paying child support or other bills. Although restraining orders are legally binding, they may not be effective in all cases. Oftentimes people violate their restraining orders, and according to a 2002 study, that happens in 40 percent of all restraining order cases. This still shouldn't prevent a person from getting a restraining order, but only when it is necessary to do so. It is also common for people to abuse restraining orders, filing against people who have not proven to be threatening. This has been made possible because the burden of proof has been lightened in recent years. So when is it time to get a restraining order? The moment you have reasonable evidence of threat or physical harm, you should visit a court to file.