How to Get a Restraining Order

Getting a restraining order is not something that most people think about on a regular basis. However, there are situations where it may become necessary for you to obtain a restraining order. Whether you are the victim of domestic abuse, or are being continually harassed by a person to the point where you fear for your safety, you can protect yourself by obtaining a restraining order. If you feel that you are in a situation that requires you to get a restraining order, this guide will provide you with all the information you need to exercise your legal rights to get a restraining order to protect yourself.

What is a restraining order, and who can you get one against?

The purpose of a restraining order is to protect someone against threats of physical violence and actual physical violence. When a restraining order is obtained, it will normally detail how far away the person who is causing the threats of physical violence or actual physical violence must stay. In addition to requiring the offending party to stay away, a restraining order can also restrict communication, force the offending party to move out of a home (when a restraining order is obtained in a domestic situation), and give temporary custody of children to the person that files the restraining order. If the offending party fails to follow the restrictions detailed in the restraining order, they can be reported and arrested by the police.

You can get a restraining order against anyone who threatens or causes physical harm to you. In the majority of restraining order cases, the restraining order is issued against a spouse or another member of the family. Other common uses for restraining orders are against a person that someone has recently dated, or a person that someone was recently living with. The one requirement to file a restraining order (in addition to showing that the person has threatened or caused physical harm to you) is to know where the person works and where the person lives.

How do you begin the process of filing a restraining order?

Although you can file a restraining order without an attorney, it can be useful to contact one when you begin the process of filing a restraining order. If you do not feel comfortable discussing this matter with an attorney, you can visit a crisis center or domestic violence prevention program. Not only will the workers at these facilities be able to answer your questions, but they should actually have the forms that you need to fill out in order to get a restraining order. The workers should also be able to help ensure that your restraining order gets through the court system as quickly as possible.

If you choose not to seek the assistance of an attorney or a domestic violence program, you will need to visit the website of your state’s judicial branch or the courthouse itself.

How do I get my restraining order to the authorities?

Once you have completed all of the necessary forms, you will need to file your restraining order with the court clerk. At this time, you should also provide any evidence that supports your claims of threats of physical violence or actual physical violence (this can range from photographs of injuries to recordings of threatening voice mails).

After you file your restraining order and present your evidence, a judge will decide if it is necessary to grant you an ex parte restraining order. An ex parte restraining order is a type of restraining order that goes into effect immediately, and is issued when the judge believes that you are in immediate danger of being physically harmed. In addition to receiving an ex parte restraining order, the judge will schedule a hearing within the next fourteen days.

If the judge does not grant you an ex parte restraining order, your hearing will also be scheduled within the next fourteen days, but you will not have a restraining order prior to your hearing.

What should I do before and during my hearing?

If you receive an ex parte restraining order, you should not only keep a certified copy on you at all times, but you should also arrange for the court marshall to serve the person who you obtained the restraining order against (this is done by the court free of charge). Once the restraining order is served, you should obtain a copy of the marshal’s return of service, which you can take to court to show that the restraining order was served.

On the day of the hearing, regardless of whether you received an ex parte restraining order or not, you will most likely meet with a Family Services Officer to see if you and the person you filed the restraining order against can come to an agreement. If you do come to an agreement, you will both sign it and it will be given to the judge.

If you do not come to an agreement, the judge will hold a hearing to review the evidence of the case. The judge will then decide whether to grant a restraining order, or if an ex parte restraining order has been issued, whether to extend it.

What should I do after my hearing?

Once your hearing is complete, if the judge grants or extends an ex parte restraining order, it can last for up to one hundred and eighty days. During the time that the restraining order is in effect, if the person you filed the restraining order against breaks any terms of the order, you can call the police and it is their obligation to arrest the person for breaking the terms of the order.

At the end of the restraining order term, if you still feel that having a restraining order is necessary, you will need to file for an extension of the restraining order. You should begin this process at least a month before the current restraining order expires.