What Churches Should Know About Restraining Orders
Churches may occasionally receive a copy of a restraining order – usually related to a domestic dispute, divorce, custody matter, or similar personal issue. This often comes from a member who wants the church to take precautions in case a named individual appears on church property. It’s important for leadership and the safety team to understand what the order means and how to respond wisely and appropriately.
What Is a Restraining Order?
A restraining order, is a legal directive issued by a court to protect an individual from potential harm. These orders are often issued in cases involving domestic violence, child abuse, threats, harassment, stalking, or sexual assault. They are intended to prevent a “restrained” person from contacting or harming a “protected” person, helping to ensure their safety. (Family Law).
Are Churches Required to Enforce Court Orders?
If a church is not named as a party in the court order, it is not legally required to enforce it. However, churches still have a responsibility to provide a safe environment – especially for children and vulnerable individuals who may be affected by the situation.
Here’s the breakdown:
- If the church is not named in the court order:
It is not legally responsible for enforcement. That role belongs to law enforcement. Still, the church has a duty of care and should take reasonable precautions, especially when made aware of a potential risk. - If the church is named in the court order:
It is legally obligated to comply. Leadership should seek legal counsel immediately to understand the church’s responsibilities and any potential liability.
Respond with wisdom:
- Request a copy of the court order from the member (if not already provided) and review it carefully.
- Share information only with those who have a legitimate need-to-know (e.g., safety team, ministry leaders).
- Document the situation using an internal incident report and attach a copy of the court order.
- Contact local law enforcement if there is any credible threat.
- Follow your established safety policies and procedures.
Are Restraining Orders Confidential?
Many people mistakenly believe that restraining orders are confidential court documents that cannot be shared. In fact, restraining orders are public records. That said, it’s wise to handle them with discretion. Share details only with those who need to know – such as the nursery team, children’s ministry, or safety team. The goal is increased vigilance, not unnecessary alarm.
What steps should the church take?
How a church responds depends on the details outlined in each court order. If the order involves children in your care – such as in the nursery or children’s ministry – the church has a duty to ensure only authorized individuals are allowed to pick them up. Using a secure check-in/check-out system – like matching claim tags – and enforcing it 100% of the time is key to preventing unauthorized access.
Churches should also have a pre-planned response protocol in case someone attempts to remove a child without authorization. That plan should include immediately calling 9-1-1, locking down the entry and exit points to the church property if a child was taken, and deploying trained church personnel to the scene.
If there is a known risk of someone violating the order on church property, the safety team should be briefed and provided a description and picture of the restrained person, and any vehicle(s) and license plate(s) associated with the person, and an emergency response plan developed. It’s also prudent to confer with local law enforcement on these issues to gain additional insight and recommendations in developing the emergency response plan.
Recommended Actions Include:
- Brief safety team members (including parking attendants, greeters, and ushers) and provide a current photo of the restrained person.
- If the individual is observed, call 9-1-1 immediately and notify the safety team.
- Seat the protected person in a designated area near safety team members for quick access. If the restrained individual is spotted, safely relocate the protected person to a pre-designated safe room.
- Safety team members should approach the restrained person calmly, de-escalate if possible, and inform them that law enforcement has been called. Request that they wait in the parking lot until police arrive.
Church Violence Prevention Program
Situations involving restraining orders, or personal protection concerns can be challenging for any ministry. But with a clear plan, a trained team, and solid policies in place, your church can respond with both wisdom and compassion. A Violence Prevention Program provides churches with ready-to-use policy templates, response protocols, and team guidance to help navigate these types of issues with confidence and a clear plan. Don’t wait for a crisis – prepare your church today.
FAQ – Frequently Asked Questions
No. Unless the church is named in the order, it is not legally required to enforce it. However, churches still have a moral and practical responsibility to protect their congregation. That includes informing the safety team, documenting the concern, and contacting law enforcement if the restrained individual shows up.
Yes. Restraining orders are public records. However, it’s best to share this information only on a need-to-know basis with key personnel like your safety team, children’s ministry, or other relevant staff. The goal is to be prepared without causing panic.
Follow your church’s safety protocols. This usually means observing from a safe distance, notifying law enforcement, and having trained safety team members ready to respond if needed. If there is a known risk, prepare an Emergency Response Plan in advance to ensure a calm and effective response.
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Summary
Restraining orders occasionally surface in church environments, often connected to domestic disputes or custody issues involving staff or members. While churches are not legally obligated to enforce such orders unless specifically named, they do have a moral and practical duty to provide a safe environment – especially for children and vulnerable individuals.
This article offers clear, actionable steps churches can take when notified of a restraining order and highlights the importance of understanding the potential risks involved. Preparing your staff and safety team through sound policies and training is essential. a best practice is implementing a Violence Prevention Program that helps identify risks early, address them effectively, and prevents escalation. With preparation, your church can respond to these situations with both compassion and confidence.
Public Safety Training LLC is here to serve and has established training and consulting programs and publication resources available to help. We’re here to help your church and safety team however we can. Contact us today!
aUTHOR
Michael Elerick is the President of Public Safety Training LLC | Church Security-101. He retired from law enforcement as a Special Operations Commander and SWAT Commander. Michael served as the Executive Director for the Public Safety Training Institute (2010-2020), a non-profit public safety training organization, and has over three decades of experience as a Risk Manager and Security and Tactical expert.
Michael is the author of Church Safety & Security 101, Emergency Preparedness for Church Volunteers, Church Security Team Development, Church Emergency Operations Plan (EOP), among other works.
Legal Notice:
The information provided in this article is for general informational purposes only and is not intended as legal advice. Public Safety Training LLC | Church Security-101 does not provide legal counsel, and the content herein should not be relied upon as a substitute for consultation with qualified legal professionals. Readers are encouraged to seek appropriate legal guidance regarding their specific circumstances, state laws, and applicable court orders.
