A restraining order can be obtained if you or your children are being abused.The threats can come from a family member or a domestic partner.A restraining order is a court order that protects you from an abusive relationship.A restraining order allows for consequences if an order is violated.You can go through the process of getting one once you understand this information.
Step 1: Threats or abuse can be identified.
A restraining order can be filed to protect you and your family from a stalker.If your abuser has caused physical or mental harm in the past, you should get a restraining order.Many actions can be considered threats.If they threaten to hurt you or your children through attacks, strikes, or rough physical contact, it is abuse.If they commit sexual assault against you or your children, it is abuse.If they harass you or your children, it's a threat to you.The destruction of personal property is considered a threat to you and your children.A woman and her children are being bothered by their previous boyfriend.He breaks into the woman's house on a daily basis.A restraining order can be filed on behalf of the woman and her children.If the boyfriend has acted violently toward her and her children, she can get a restraining order.
Step 2: Ask for help.
Getting a restraining order is easy, but legal documents can be difficult.If you want to make sure that the order is done correctly the first time, consult an attorney.An attorney can help you to include details relevant to your order that might make it more likely to be granted by the court.In addition to legal help, remember to rely on emotional support.Friends or family members can help you through this difficult time.There are support groups for victims of abuse or stalking.Allow your children to see a therapist as well.
Step 3: Call the emergency number.
If you feel that you or your children are in danger, you should always call the police.A restraining order can only protect you to a certain point, as having one does not guarantee that your abuser will respect the terms of the order.The restraining order can only help if the abuser follows it.If you believe that you or your children are in danger, you should call the police.The restraining order should not be used for complete protection.It is possible that your abuser will violate the order.
Step 4: Abuse is never your fault.
Many victims of abuse don't want to take legal action because they think they brought the abuse to themselves.Abuse is not your fault.You should be free from threats and fear.
Step 5: The forms need to be obtained.
You should visit the courthouse in your county.You may need one from the county where the abuse took place.If you want to file a restraining order, you need to get in touch with the clerk at the courthouse.These forms can be found on the state website.When you go to the courthouse, you can print out the forms and have them ready.
Step 6: You should get a lawyer.
If you have questions about your situation, you may want to talk with a lawyer.If you find the process very confusing, you should talk with a lawyer.The lawyer can help you fill out the required forms.You may have questions, but don't want to pay for a lawyer.If this is the case, ask for help from your local court staff or advocate.They might be able to answer your questions.If you want to know about your options, you can call the hotline.The National Domestic Violence Hotline can get you a lawyer if you need one.
Step 7: You have to complete the forms.
You need to fill out a petition for a restraining order.The events that caused you to file the order will be explained in the affidavit.Abuse or threatening behavior against you or your children is included.You have to give information about the other party's home and work address.Medical records and police reports detailing any abuse inflicted on you or your children will be required.
Step 8: There is a court hearing.
You will be given information about your court hearing after filing.Depending on your state, this usually takes one to two days.The hearing usually happens within two weeks of you filing the paperwork.The hearing will take place as soon as possible if you request an emergency restraining order.This is usually within a week.You can request not to have a hearing in some states.You have to attend if a judge orders one.Your order can be limited if you don't want a hearing.If you live together, the judge can order the abuser to leave the home.The abuser can be asked by the judge to stop threatening their spouse or children.The order can require little else.
Step 9: The court order needs to be served.
The restraining order isn't in effect until the abuse is reported.You can't give the papers yourself.Special forms must be filled out if you don't know where the abuse is.You can ask someone who is not protected under the order to give you the papers.You can hire a service to do it.The phone book or online phone directory can be used to find a process server.If personal service is required in your state, you will need the County Sheriff or a process server to give the papers.The Court or the Clerk's Office will take care of the situation when the papers are given this way.There could be a fee.You can call the County Clerk or the Sheriff's Office.Papers can be given to someone by publication.This is only when you can't find them.The court tells you to publish something in the newspaper for a certain amount of time.The defendants have been served even if they don't see it.
Step 10: The court is holding a hearing.
In front of a judge, you will need to give testimony.Depending on your situation, you can ask for specific protections at the hearing.Evidence is needed to support your claims.Any medical or police records are included.The abuser can give their side of the story.The restraining order is usually granted if the abuser doesn't show up for the hearing.Dress nicely and remain calm when you attend your hearing.If you are angry or upset, do not show anger.This won't help you get a restraining order.Pay attention to what you say to the judge.The process will be delayed if you don't go to the hearing.It isn't mandatory for you to have a lawyer at your hearing.
Step 11: Receive the decision from the judge.
The restraining order will usually be issued the same day as the hearing.A restraining order can last up to five years if your request is granted.The rights you receive with the order are described.It explains the limitations imposed on the other person.
Step 12: A copy of the order is needed.
You need to have a copy of the restraining order with you at all times.If the abuse ignores it and tries to contact you, this will help you use it.The papers will help the police understand your situation quicker.Contact the court if you lose your restraining order papers.
Step 13: Know the rules.
The police can pick up the abuser if they make contact or break a rule.Civil courts in some states give restraining orders.Problems with property are handled by these courts.Someone can't go to prison based on the rulings of a civil court.Going against the restraining order can cause the situation to be taken over by the state.People who disobey a restraining order are charged with contempt in some states.The case will move from civil court to criminal court.If the order is never broken, the case stays in civil court and doesn't show up on the abuser's record.
Step 14: Contact the court.
The court should be aware of violations of restraining orders.The restraining order should clearly state what the other party is not allowed to do.They can be arrested and charged with a crime if they violate these rules.If the other party fails to return your property, pay child support, or act according to similar orders laid out by the judge, call the court to report them.
Step 15: The order can be extended or dismissed.
The restraining order can be extended or dismissed by the County Clerk.You will be asked why you want to extend or dismiss the order.There are restraining orders that have an expiration date.Even if there is a new incident of abuse, it can be renewed.If you want to live with the person you filed the restraining order against, you should have it dismissed first.They can get in trouble if they don't.
Step 16: Understand the rules.
A judge will decide how you will be protected if you file a restraining order.She bases this on what she knows about the situation.Abusers or stalkers can be ordered to stay away from you and your children.This can be done in person, by phone, or by email.stalkers can be ordered not to come within a certain distance of you and your children.The distance can be extended well beyond 100 yards.They can be ordered to leave if you live with them.Police escort can be ordered by the judge if needed.This can happen when they return to a shared living space.
Step 17: Know what the requirements are.
Only a few requirements are needed in order to be eligible for a restraining order.You have to be an adult or a minor.The age varies by state.If you want a restraining order against someone, you need to show that they are a threat to your health.restraining orders can be filed by parents.A restraining order can be given to any minor who lives on their own.The age at which you can be granted a restraining order varies from state to state.The minimum age in most states is between 14 and 18.You can get one by the age of 12 in California.
Step 18: Get the ex parte restraining order.
restraining orders are court orders.They are all different.An ex parte restraining order is an emergency protective order.It is a temporary order that is issued by the court to allow the person to defend themselves.You can get an ex parte restraining order to keep someone away if you think they pose an immediate threat.You can sign this order the same day you apply.You will be protected before your hearing.The restraining order needs to be maintained with another hearing.The accused can defend themselves.
Step 19: You should investigate the orders in your state.
Different states have different types of restraining orders.It depends on which court files the order.Depending on who you are filing the order against, it will vary.You can file against someone you have a relationship with.This can be a spouse, domestic partner, boyfriend, girlfriend, an ex, or the father or mother of one of your children.You can file an order against someone else.You should check your state laws to see what kind of orders you can get and which court you need to file in.The Domestic Violence Restraining Orders are given by the Civil Court in California.You have a relationship with someone who is the subject of the DVROs.You don't know who the person is.A civil Order of Protection can be obtained in New York state.A criminal Order of Protection can be obtained from the criminal courts.You can only get a criminal order against someone if they are charged with a crime.You can get the order from the district attorney.You know someone who is the subject of a civil Order of Protection.Criminal and civil protective orders can be found in Georgia.For people with whom you have a relationship, Family Protective Orders are used.This type of order can be obtained in a civil court.Criminal protective orders can be used to stop people you don't know.This type of order can be obtained through the criminal courts.