A restraining order, also called a protective order, can protect you if someone is threatening, harassing, or physically harming you. There are several different types of restraining orders in the United States, issued by different courts with different scopes and durations. Criminal restraining orders can only be requested by the state through criminal court proceedings, but if someone is threatening your safety or well-being, you can request a civil restraining order. Once granted, civil restraining orders generally prevent the abusive person from contacting or coming within 100 yards of you.
Steps
Part 1
Part 1 of 3:
Filing Your Initial Petition
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Determine which court you need to use. In some states, you'll need to file your petition in a different court depending on your relationship to the person you want the court to restrain.
- Family courts frequently handle domestic violence restraining orders. These orders are available if the person you want restrained is someone with whom you had a romantic or familial relationship, such as a spouse, former spouse, girlfriend, or parent.
- A civil restraining order can be requested if you have no pre-existing romantic or familial relationship with the person who is threatening or harassing you. For example, if a co-worker starts harassing you at work and threatening to jump you in the parking lot, you could request the court grant you a civil restraining order.
- Criminal restraining orders don't come about as a result of a victim petition or request. Rather, they are issued by a criminal court during the course of a criminal proceeding. Unlike civil restraining orders, they cannot be renewed when they expire.
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Get the forms you need for your initial petition. The specific paperwork you'll need to file to request a restraining order will vary among states and among individual courts. Forms usually are available in the court clerk's office or at local domestic violence shelters.
- In most cases you will need a petition, which tells the court what you want, and an affidavit, in which you tell the court what happened and why you need the restraining order. [1] X Research source
- Courts may have other required forms, such as a notice of hearing, service forms, or cover sheets.
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Fill out your forms. You will need to provide identifying information such as your name and address, as well as the name and address of the person you want the court to restrain.
- If you don't know all the information asked about the other person, just fill in as much information as you do know, and leave everything else blank rather than guessing.
- You may be able to download forms and fill them out directly on the computer, or you may have to print the forms and fill them in by hand. If you fill them out yourself, use legible handwriting and write in blue or blank ink.
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Sign your petition and affidavit before a notary. If the forms include a notary block, this means you have to sign them in front of a notary public, who acts as an official witness.
- If you don't know where to find a notary, ask at the courthouse or go to a professional association website such as the National Notary Association and search their directory. [2] X Research source Most banks provide notary services for free for their customers, and other private businesses such as check-cashing companies or shipping services provide notaries for a fee.
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Make copies of your paperwork. Typically you will need to bring your originals and at least two copies of your paperwork to the clerk's office: one copy for the other side and one copy for your personal records. Courts may vary, so find out from the court clerk how many copies you need.
- For example, California requests you make five copies of your paperwork before filing with the court. [3] X Research source
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File your paperwork with the court clerk.
- In most states you won't be charged a filing fee for filing a petition for a protective order.
- When your initial paperwork is filed, you will receive a temporary restraining order. This will keep the person away from you until after the hearing, where the judge will decide whether to grant you a permanent restraining order, which may last up to five years.
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Have the filed documents served. As soon as possible, arrange to have your paperwork, including the temporary restraining order and the notice of the hearing, served on the person you're asking the court to restrain.
- You can't serve the person yourself – you'll have to get an adult who isn't involved in the case to give the paperwork to the person, and then fill out a proof of service document for you to show to the court.
- You can use a private process serving company or the Sheriff's department, although they typically will charge a fee to complete service.
- The judge will not issue a permanent restraining order until the person you want the court to restrain is served and has the opportunity to attend a hearing and present his side of the case. [4] X Research source
- Any temporary order you were given will expire on the date of the hearing, and cannot be extended or renewed without a hearing. [5] X Research source
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Part 2
Part 2 of 3:
Gathering Your Evidence
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Keep a record of any messages, emails, or phone calls. If the person sends you text messages or on another messaging service, or leaves voice mails, don't delete them. The more messages you have, the better to show a pattern of harassment, threats or intimidation.
- If you've never had a romantic or familial relationship with the person you want the court to restrain, insults, name-calling, and other verbal abuse may not be enough to convince the judge to issue the restraining order.
- If you have an encounter with the person, write down the details as soon as you can while your memory is still fresh. A detailed account is more persuasive than making a conclusory statement such as "He's stalking me." [6] X Research source
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Get copies of medical records. If the person you're asking the court to restrain has ever injured you to the extent that you went to the doctor or to a hospital emergency room, get records of those visits and the treatment.
- If any pictures were taken of your injuries, or of you after the altercation bruises, cuts, or other injuries are shown, include those as evidence for your case.
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Get copies of police reports. While you don't need a police report to get a restraining order, it is good evidence that the person has actually hurt or threatened you and needs to be restrained.
- This is especially important if you are seeking to restrain someone you have no romantic or familial relationship with, because the judge won't grant your request unless you can demonstrate an actual or reasonable threat of harm.
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Research your abuser's past. A judge will be more likely to grant a restraining order if you can show that the person has a history of violence or aggression. [7] X Research source
- For example, if you discover your girlfriend's previous partner also asked for a restraining order against her, this could help show that your girlfriend has violent tendencies.
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Talk to witnesses and find out if they're willing to testify. If someone else has seen incidents where the person was abusive or threatening to you, their testimony can be helpful in convincing the judge that they should be restrained.
- Recognize that many people may be unwilling to get in the middle, particularly if you had a close relationship with your abuser. People also may be reluctant to testify against someone who is prone to violence.
- Any witnesses you find more than likely will have to be free to attend the hearing in person. While the person can write an affidavit and sign it before a notary, the judge may not admit it without the witness present.
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Distribute copies of your paperwork. If you've requested the person be restrained from particular locations, such as a school, you may want to provide a copy of your temporary order or request for a permanent order to someone in charge of security or administration of that building. [8] X Research sourceAdvertisement
Part 3
Part 3 of 3:
Attending Your Hearing
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Appear in court on the date and time scheduled. You must show up in court at the date and time given to you by the clerk, or your case will be dismissed.
- Try to show up at the courthouse at least a half hour before the time shown on your notice of hearing, so you have plenty of time to park, get through security, and find your courtroom. [9] X Research source
- If you have mobile phones or other electronic devices, leave them at home or in the car. Don't attempt to bring them into the courthouse because they may be confiscated when you go through the security check.
- The person you're asking the court to restrain may appear in court as well, so consider taking friends or family members along with you if that concerns you. Don't engage the person in conversation, and let a court officer know if you fear for your safety.
- Bring at least two copies of all documents you've filed in your case. [10] X Research source
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Present your case to the judge. You aren't required to present any evidence other than your own testimony, but if you have documents or other evidence you've gathered, you can present a stronger case.
- Remember that when you speak before a judge, you are speaking under oath. Try to stick to the facts and tell the judge what happened and how you feel about it. Avoid any elaboration or speculation.
- You also can bring witnesses along to testify on your behalf. [11] X Research source
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Listen to the other side. The person you're asking the court to restrain will be allowed to present her side of the story. She may have filed for a restraining order against you as well, arguing that you have abused her. [12] X Research source
- Don't interrupt or get argumentative. You're not allowed to talk directly to each other; you're only allowed to talk to the judge. If the judge needs to ask you any questions regarding anything said by the other side, he will ask and give you the opportunity to respond.
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Accept the judge's ruling. After the judge has heard from both sides, he will issue his ruling either granting or denying your restraining order. If the other side asked for a restraining order against you as well, he may decide to grant both of them and issue a mutual restraining order. [13] X Research source
- If the case goes on for too long, or if the judge needs additional information, he may postpone a final ruling for a later date. If you need to get documents for the judge, or if you need to appear in court again, make a note of it. Not fulfilling a judge's requests can result in a dismissal of your case. [14] X Research source
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Prepare the judge's order. If the judge grants your request for a restraining order, he may expect you to prepare an order for him to sign. The clerk's office typically has forms available for this purpose.
- In some courts, the judge may get the clerk or someone on court staff to prepare the order. [15] X Research source
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Get copies of the judge's order. Once the judge has signed his order, get copies of the order from the clerk.
- You may need to serve a copy of the order to the restrained person. You also should get copies for any locations the person is prohibited from visiting, such as the school your children attend or the building where you work.
- Get copies for your personal records and at least one copy to have with you at all times. [16] X Research source
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Tips
- If you move to a different state, register your restraining order with the courts there and inform the local police departments. While your restraining order is enforceable wherever you go, this ensures all relevant enforcement agencies in your new state are aware of it.Thanks
- If you need a restraining order because you are a victim of domestic violence, you can find a legal advocate to help you free of charge. Call the National Domestic Violence Hotline at 1-800-799-SAFE to find a domestic violence or sexual assault program in your area.Thanks
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References
- ↑ http://stoprelationshipabuse.org/how-to-get-a-restraining-order/
- ↑ http://www.signingagent.com/index.cfm?display=search
- ↑ http://www.courts.ca.gov/1264.htm
- ↑ http://www.courts.ca.gov/1264.htm
- ↑ http://www.courts.ca.gov/1264.htm
- ↑ http://blogs.findlaw.com/blotter/2013/06/what-proof-do-you-need-for-a-restraining-order.html
- ↑ http://blogs.findlaw.com/blotter/2013/06/what-proof-do-you-need-for-a-restraining-order.html
- ↑ http://www.courts.ca.gov/1264.htm
- ↑ http://www.courts.ca.gov/1264.htm
- ↑ http://www.courts.ca.gov/1264.htm
- ↑ http://stoprelationshipabuse.org/how-to-get-a-restraining-order/
- ↑ http://stoprelationshipabuse.org/how-to-get-a-restraining-order/
- ↑ http://stoprelationshipabuse.org/how-to-get-a-restraining-order/
- ↑ http://www.courts.ca.gov/1264.htm
- ↑ http://www.courts.ca.gov/1264.htm
- ↑ http://www.courts.ca.gov/1264.htm
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