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How to Get a Restraining Order?

What the steps involved to get a restraining order against another person?


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Depending on where you reside, the procedure for getting a restraining order can differ drastically. There is however common steps that you need to take. For starters, it wise to seek legal counsel as there are two types of restraining orders that you can get. Both are similar and therefore can be confusing. The first ensures your safety against harassment, and the second is a mandate for protection.

If you feel that you are vulnerable or in immediate danger, 911 should be called. Once the emergency call is placed, the agent on the phone will be able to explain how to obtain a restraining order. Sometimes this may take a few days or weeks for the order to be legally mandated. During this time it is important that you remove yourself from the dangerous individual and find safety. The 911 agent can direct you to a local shelter and shelter employees may be able to provide assistance as well.

Speaking generally, to attain a restraining order, one must first file a claim with the local authorities or court. When you arrive at the court papers will be given to you to complete. Details required include your personal information, a method of contact, and a description of the event or events that occurred for you to require a restraining order. If you have been hurt physically, it is important to provide evidence. Medical records and photographs should be submitted if available. Lastly, information regarding how to contact the offender is very important. Be sure to include their phone number, home address, place of work, as well as any other information that you may have.

Once the forms have been completed and submitted to the clerk, it is up to a judge to consider your request. In the event that the judge feels that a restraining order is necessary, a court date will be booked and he or she will start the process of a temporary order. This temporary restraining order is typically authorized for two weeks. At the trial, if sufficient evidence is brought forward the judge may increase the order for up to two years.

If the restraining order is granted, authorized personnel will present the documentation to the offender. This is very important because the order is not considered valid until the order is appropriately served. Once this is done, you will be notified.

Often people misinterpret the restraining order and believe that it is between the two parties. In fact, the order is legally between the judge and the offender. With a restraining order the offender is forbidden to contact the complainant and if this is violated, the complainant can obtain protection. It is important to remember that rules are different for different jurisdictions. Contact your local authorities and courthouses for more information.
Sep 22nd, 2012 at 6:58 PM
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