A restraining order, also known as a protection order, is a lawful document that requires an individual to stay away from another person. It’s an order to prohibit someone from making contact or coming closer to someone. A restraining order is generally granted to a person who feels threatened or harmed by someone else. If you are in a situation where you feel your safety is threatened, then a restraining order may be appropriate. Here’s how to get a restraining order.
1. Determine if you qualify for a restraining order
The type of restraining order you request and the process of obtaining it will depend on the situation. If you’re a victim of harassment, domestic violence, or stalking, you may usually receive a restraining order. In some states, you may also obtain a restraining order for other reasons, such as landlord-tenant disputes. You need to know if your situation qualifies for a restraining order.
2. Gather evidence
To apply for a restraining order, you’ll need to prove that the other individual is a threat to your safety. Collect any evidence you may have, including police reports, photos, telephone messages, texts, and emails. All of this evidence establishes the other person’s dangerous conduct and provides a base for obtaining a restraining order.
3. File a petition
You should file a request for a restraining order with the family law court in your jurisdiction. The forms you need to file will depend on where you live. You can get these forms from your local courthouse or court website. Fill out the forms as directed and be sure to include all relevant information about you and the opposing person. Submit the completed paperwork to the clerk of the court.
4. Attend a hearing
Once your petition is filed, a hearing date will be set. You’ll receive notice of the hearing date. Attend the hearing as scheduled. You should be prepared for the hearing by bringing all the evidence you’ve gathered, including witness statements, photographs, and police reports. The judge will ask you questions about your situation, and you will have an opportunity to speak. The other party will also be allowed to participate in the hearing.
5. Obtain a restraining order
If the judge finds that you’re eligible for a restraining order, an order will be issued. The order will outline what the other individual should and should not do. It will typically set limits on the distance the other party can be from you. If the other person violates the restraining order, there may be legal consequences. You must keep a copy of the restraining order with you at all times, and make sure the police and other necessary people have the order as well.
Conclusion
Getting a restraining order is a legal process that can help safeguard you from an unsafe individual. The process of obtaining a restraining order will depend on the legislation in your area. Follow the steps above to submit a petition for a restraining order, attend a hearing before a judge, and get an order of protection. With a restraining order in place, you can have more peace of mind that you will be safe from harm.
When a person decides to pursue the idea of obtaining a restraining order, they may need to consider a few different things. First they need to determine if the restraining order is a harassment restraining order or if it is an order of protection.
To determine this it is advisable to seek legal advice. The process of obtaining a restraining order can vary depending of state and jurisdiction as well as if it is a temporary restraining order or not. Generally when filing for a temporary restraining order, a person will file a claim with a local court house.
After filling out necessary information, the judge will then look at evidence and information to determine if a temporary restraining order should be put into effect. Temporary restraining orders can vary in length depending on the issues presented to the judge, and if there is any record of past issues. A harassment restraining order can also be obtained through a local court house. A similar process will also take place.
Often when obtaining a harassment restraining order, or a temporary restraining order, individuals may have to appear in court. When an individual wants to extend or end a restraining order, an individual may also have to re-appear in court. While in court, both parties will be asked to state their stories. Although each will be given the time to explain, the judge will have the ultimate and final decision.
