Where Do You Get a Restraining Order? Everything You Need To Know

A restraining order is a legal order issued by a court to protect a victim from any type of abuse, threats, or harassment.

A restraining order is a legally binding order of the court, enforceable by law enforcement officials as well as the court.

Where Do You Get a Restraining Order?
Where Do You Get a Restraining Order?| CarlsonAttorney

If you or your children are going through abuse or getting threats, you can get a restraining order against your abuser.

The threats can be from a domestic partner, family member, or stranger.

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How to Decide to Get a Restraining Order

You should get a restraining order if your abuser has caused either physical or mental harm in the past or if they pose a possible threat in the future.

There are many actions that can be considered threats.

It is abuse if they threaten to or do inflict physical harm through attacks, strikes, or rough physical contact to you or your children. It is abuse if they commit sexual assault or molestation against you or your children.

The destruction of personal property is also considered a threat to you and your children’s life.

Before or after you get a restraining order, you should always call 911 if you feel that you or your children are in imminent danger.

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.

How to File a Restraining Order

The process of getting a restraining order may vary depending on the state or country where you live, but generally, it involves the following steps:

Find out where to file

You can file a restraining order in the court that has jurisdiction over your case.

This may be the court in the area where you live, where the abuser lives, or where the abuse occurred.

You can also file a restraining order in a family court or a domestic violence court if your case involves a domestic relationship.

You can contact a local domestic violence agency, a legal aid office, or a lawyer for help with finding the right court to file your case.

Fill out the forms

You will need to fill out some forms to request a restraining order from the court.

The forms may vary depending on the type of restraining order you are seeking, such as a temporary restraining order, a permanent restraining order, or an emergency protective order.

The forms will ask you to provide information about yourself, the abuser, the abuse, and the protection you are seeking.

You will also need to sign a sworn statement (affidavit) that the information you provided is true and accurate.

Submit the forms

You will need to submit the forms to the court clerk, along with any supporting evidence, such as police reports, medical records, photos, or witness statements.

Pay a filing fee, unless you qualify for a fee waiver.

The court clerk will review your forms and give you a case number and a hearing date. You will also receive a copy of the forms stamped by the court.

Serve the abuser

You will need to notify the abuser that you have filed a restraining order against them.

This is called service of process, and it is a legal requirement for the restraining order to be valid and enforceable.

Ask a law enforcement officer, a professional process server, or a friend or family member who is over 18 and not involved in the case to serve the abuser with a copy of the forms and the hearing date.

You cannot serve the abuser yourself.

The person who serves the abuser must fill out a proof of service form and return it to the court.

Attend the hearing

You will need to attend the hearing on the date and time set by the court. You should bring any evidence or witnesses that support your case.

The abuser may also attend the hearing and present their side of the story.

The judge will listen to both parties and decide whether to grant or deny the restraining order.

If the judge grants the restraining order, they will issue a written order that specifies the terms and conditions of the protection.

You should keep a copy of the order with you at all times and give copies to the police, your employer, your school, and anyone else who needs to know about it.

How to Use a Restraining Order

A restraining order can offer you some protection from your abuser, but it is not a guarantee of safety.

You should still take precautions to protect yourself and your children, such as changing your locks, phone number, email address, or social media accounts, informing your friends, family, and co-workers about the situation, and creating a safety plan.

Report any violations of the restraining order to the police as soon as possible.

The abuser may face criminal charges or civil penalties for violating the restraining order, depending on the laws of your state or country.

A restraining order is a powerful tool that can help you escape from an abusive or threatening situation.

However, getting a restraining order can be a complex and stressful process, and you may need legal help to do it correctly and effectively.

Contact a local domestic violence agency, a legal aid office, or a lawyer for assistance with filing and enforcing a restraining order.

You can also find more information and resources on the websites of the National Domestic Violence Hotline and the National Network to End Domestic Violence.

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