Legal Definitions - stayaway order

A stayaway order is a legal directive issued by a court that commands an individual to maintain a specific physical distance from another person or from a particular location. It is a type of protective order primarily granted when someone has experienced or has a legitimate reason to fear physical or emotional harm from the person against whom the order is issued.

While similar to other protective orders, a stayaway order specifically focuses on preventing physical proximity. It differs from a no contact order, which typically prohibits all forms of communication (including calls, texts, emails, and social media interactions) in addition to requiring the individual to stay away. A stayaway order's core purpose is to create a safe physical buffer for the protected party.

Here are some examples illustrating how a stayaway order might be applied:

• Example 1: Protection from a Former Partner

  After a difficult separation, Maria's ex-partner, John, began showing up unannounced at her apartment building and her gym, causing her significant distress and fear. Maria sought legal protection, and the court issued a stayaway order. This order legally requires John to remain at least 300 feet away from Maria's home, her workplace, and any other locations she frequently visits, such as her children's school. This specific distance requirement directly illustrates the core function of a stayaway order: to create a physical barrier for Maria's safety.

• Example 2: Workplace Harassment

  Sarah, a manager at a retail store, was being persistently harassed by a former employee, Tom, who had been terminated. Tom would frequently wait outside the store after closing hours and follow Sarah to her car, making her feel unsafe. Sarah obtained a stayaway order against Tom. The order mandates that Tom must not come within 200 yards of the retail store, Sarah's home, or Sarah herself, ensuring he cannot physically approach her in these key locations. This demonstrates how the order prevents physical intimidation in a professional and personal context.

• Example 3: Neighborhood Dispute

  Two neighbors, Mr. Davies and Ms. Chen, had a long-standing dispute over property boundaries that escalated into threats and aggressive confrontations in their shared community spaces. Ms. Chen, feeling threatened by Mr. Davies's behavior, petitioned the court for a stayaway order. The court granted the order, stipulating that Mr. Davies must maintain a distance of at least 50 feet from Ms. Chen whenever they are in public areas, such as the neighborhood park or the local grocery store, and is strictly prohibited from entering Ms. Chen's property. This example highlights how a stayaway order can be used to manage conflict and ensure safety within a community setting by enforcing physical separation.