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Retail crime restraining orders (for businesses)

A business can ask for a court order to stop someone from coming back to their location if that person has committed retail crime two or more times.

 

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What this order does

This is a civil restraining order that can:

  • Stop someone from going into your business

  • Block them from nearby locations if you’re a chain or franchise

  • Last up to 2 years

The court can only give the order if:

  • The person was arrested or cited 2 or more times for certain crimes, and

  • There’s a strong chance they will come back to your store

Who can ask for it

Only a lawyer can file this kind of restraining order. Your lawyer must be either:

  • A prosecuting attorney

  • A city attorney

  • A county counsel

  • A private attorney hired by your business

📌 A business owner cannot file this without a lawyer.

What crimes qualify

The person must have been arrested or cited at least twice for one or more of these:

  • Shoplifting

  • Theft from your business

  • Organized retail theft

  • Vandalism

  • Assault or battery of a store employee

Forms your lawyer must use

🔗 All court form links open in a new tab so you don’t lose your place. 

Your lawyer must file these forms with the court:

There’s also an info sheet to help you understand the process:

What happens in court

  • The court will give a hearing date

  • Your lawyer must go to the hearing

  • You can bring evidence or sworn witness statements

  • The person must be served at least 5 days before the hearing

If the judge gives the order

The judge can order the person to:

  • Stay away from your store

  • Stay away from other nearby stores in your chain

📅 The order can last up to 2 years. Police will be told about the order.

What if the person doesn't obey the order?

Call the police. The person can be arrested and charged with a crime.

Can you and the other person agree to cancel the order?

No. Once the judge makes the order, only the judge can change or cancel it. You or the other person must ask the court in writing to cancel it.

Key takeaways

  • You must have a lawyer to ask for this order

  • The person must have been arrested or cited 2 or more times

  • The court can stop them from going to your store

  • You must serve the papers at least 5 days before the hearing

  • The order can last up to 2 years

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