Reasons a Restraining Order May be Denied

A restraining order is issued by a judge to keep a reasonable distance between two or more people who are disrupting, endangering or threatening the life of the other. The first step is to file for a "temporary" restraining order. If it's granted, the other party will be served to appear, and a court date will be set for a possible "permanent" restraining order. If you ask for a restraining order, the judge may also refuse the request.

Lack of Information

Your request for a restraining order may be denied if you fail to provide enough information on what happened, when it happened, how it happened and who did what.

Lack of Proof

If you do not show a reasonable amount of proof the other party behaved in a way that would violate any laws, the order may be denied. You must provide enough information to show you feel there is a real threat of imminent danger to yourself or your family members.

Inability to show relationship

A restraining order could be denied if you fail to show sufficient evidence that domestic violence or harassment has occurred.

Due Process

When the request does not provide the other party with enough notice or in any way denies him due process according to the law, the order may be denied.

Lying

If the judge finds you have in any way lied, exaggerated or withheld the truth, the order will be denied.

How to Avoid Denial of the Restraining Order

Be concise with facts. Provide the court with all proof of exact incidences. Provide the court with witnesses if available. Show up for your court date, or the restraining order will be denied.

References

• Superior Court of California
• Marathon County
• Lawyers.com