By Josie Mastandrea
Josie Mastandrea, a rising junior at the University of Richmond, spent the summer of 2024 shadowing Attorney Chris Fiorentino to develop a better understanding of what the life of a criminal defense lawyer looks like. The following article is one of a series documenting the blogs she derived from the experience.
Restraining orders are not as uncommon as you might think–or at least, as I thought, before working with Chris this past summer. Chris handles countless restraining order hearings in a year, representing both those seeking them and those defending against them. Contrary to popular belief, I’ve learned it’s not just women that seek restraining orders against their abusers. All kinds of people seek them for all kinds of different reasons.
So, while it’s important for everyone to know their rights, if you are a college-age female, it’s especially important to understand what to do and where to go for help should you experience any of the above on your university’s campus. While it can be scary to take marked action against someone you might go to class with or see at your school gym, if you begin to feel unsafe in the place you’re meant to learn, you should consider seeking help.
Consider Your Options
You have a couple of options for your next course of action depending on the circumstances and the severity of your situation. You’ve probably heard about something called Title IX. Title IX is a civil rights law that prohibits sex-based discrimination in any school that receives federal funding. Chances are that your school has a Title IX office equipped to handle complaints from students struggling with issues ranging from discrimination in athletics to sexual misconduct. While the Title IX route is often a good option for college students, there are times when the Title IX office at your university won’t be able to provide you the help you need. When is Title IX not your best bet? When is seeking external legal help a better option?
When You Should Seek Help Off-Campus
- If you are seeking action against someone that is not a member of your campus community or whose actions are not impacting your life on campus, that is outside the scope of Title IX’s jurisdiction.
- If your case involves criminal acts of any kind–which would include harassment, stalking, and assault, in addition to more serious crimes–you should consider reporting the incident(s) to law enforcement and consulting an attorney. That’s because any statements you make to a school employee can be used against you if your case goes to court. Further, Title IX office employees are school representatives, while external measures will not be impacted by any kind of conflicting priorities.
- If the student suspension or expulsion for the student you are seeking action is not an adequate remedy for your situation, filing a Title IX complaint will not sufficiently meet your needs. While expulsion is the most drastic measure a school can take, a court of law can put your abuser behind bars.
- Finally, if a no-contact order (which can be offered by your university) is not enough for you to feel safe on your college campus, you should go to an attorney to help you seek a restraining order.
The Difference Between No-Contact Orders and Restraining Orders
No-Contact orders are issued by your university and are thus limited by the school’s enforcement capabilities. If a school issues a no-contact order, it will only apply within the school’s jurisdiction, will last only until your graduation from your university, and can only be enforced through the school’s disciplinary process (i.e. expulsion is the maximum penalty for a violation).
A restraining order, on the other hand, is issued in court and applies everywhere you go, can last forever should you continue to seek renewals, and can be enforced by arrest and potential jail time.
How Do I Get a Restraining Order?
If you decide that a restraining order is the best option for you, you should know the process is not as scary or as complicated as it may seem. If you are of college age, it’s also important to note that your school can't retaliate against students who choose to petition for an abuse or harassment prevention order. All you need to do is call a trusted attorney to consult with you about your case, and they will handle everything from there. Consider contacting Fiorentino Legal, P.C. at (617) 789-6374 or by email at cjf@fiorentinolegal.com.
