How to Obtain Professional Help to File a Restraining Order

By eHow Legal Editor

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Restraining order laws vary from state to state, making it essential to enlist the help of a trained professional before you file for one. This person has the experience to help you navigate the court system by providing insight into your state's statutes. The pro also can help you complete all the paperwork. Follow these steps to find assistance.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

  • Computer with Internet access
  • Telephone
  • Attorney or advocate specializing in restraining orders

Find Professional Assistance in Filing a Restraining Order

Step1
Consult with a crisis center counselor if you are a victim of domestic violence. You can find crisis centers located throughout the country at the National Coalition Against Domestic Violence Web site (see Resources below). They will provide you with professional guidance.
Step2
Seek the help of a civil law attorney to file a restraining order against anyone you feel threatened or harassed by. If you require a restraining order against a spouse or partner with whom you have children, you may also wish to obtain the assistance of an attorney familiar with family law in your state.
Step3
Utilize the resources made available on the WomensLaw.org Web site (see Resources below) to find an attorney or advocate in your area . You will need to select your state from the drop-down menu and then select the ''Links and Resources'' link. You will find additional links to domestic violence crisis centers, as well as lawyer referral services, to help you obtain legal counsel.
Step4
Do not let a violation of your restraining order go unreported. Obtain and file a police report if the individual named in your court order ever breaches your restraining order.
Step5
Minors also have the right to get a restraining order. Depending on the state and their age, the court may appoint them a guardian (if the order is against their parents) or let them make the request on their own or with legal representation.

Tips & Warnings

  • If, on the day of your restraining order hearing, you find that the party against whom you are to file an order has legal counsel present, you may ask the judge for a continuance so that you may procure a lawyer and have him or her present throughout the proceedings.
  • According to the National Coalition Against Domestic Violence, nearly 1 in 12 women and around 1 in 45 men will be victims of a stalker during their lifetime. Additionally, of those women who are stalked by an intimate partner, nearly 81 percent have been physically assaulted by their pursuer.
  • Taking precautions if you are being stalked, such as creating a safety plan, may help to prevent these assaults and are recommended by groups such as the National Coalition Against Domestic Violence. More information can be found on their Web site (see Resources below) or by calling their hotline at 1-800-799-SAFE (7233).

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eHow Article:  How to Obtain Professional Help to File a Restraining Order

eHow Legal Editor

eHow Legal Editor

Category: Legal

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