A stay away order is a legal directive issued by a court that prohibits an individual from approaching or contacting another person. This type of order is commonly used to protect individuals from harassment, stalking, or domestic violence. It serves as a formal mechanism to ensure the safety and well-being of the protected person by legally mandating distance and non-communication.
Stay away orders are primarily utilized in various legal contexts, including:
Individuals can often manage the process of obtaining a stay away order through legal templates available from services like US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A person files for a stay away order against an ex-partner who has been repeatedly contacting them despite requests to stop. The court issues an order requiring the ex-partner to stay at least 100 yards away and refrain from any communication.
Example 2: A business owner obtains a stay away order against a former employee who has been showing up at the workplace and making threats. The order prohibits the employee from entering the premises or contacting any staff members. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Allows for temporary and permanent stay away orders, with specific procedures for each. |
| New York | Stay away orders can be issued in family court and criminal court, with different standards of proof. |
| Texas | Requires a hearing for issuance and has distinct types of protective orders. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Restraining Order | A court order to protect a person from harassment or harm. | Generally broader than a stay away order; may include various restrictions. |
| Protective Order | A legal order designed to protect individuals from abuse or harassment. | Often used interchangeably with stay away orders but can include additional protections. |
If you believe you need a stay away order, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by state; court filing fees may apply. |
| Jurisdiction | State courts, typically in family or civil court. |
| Possible Penalties | Violating a stay away order can result in fines or criminal charges. |
A stay away order specifically mandates distance and non-contact, while a restraining order may include a broader set of restrictions.