How to File a Restraining Order as a Victim of Domestic Violence

A restraining order generally forbids an individual from coming within a specific number of feet of another individual for a specified period. Follow these steps to obtain one.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Crisis center advocate
• Evidence
• Restraining order papers

1. Visit your nearest crisis or domestic violence center. Contact the Coalition Against Domestic Violence in your state (see Resources below) or search your local phone book to find one.
2. Speak with an advocate at the crisis center who can advise you about filing either an Order for Protection (OFP) or a Harassment Restraining Order (HRO). The qualifications for each vary by state, so it's important you understand which one you should file. Blank forms are available at your local crisis center.
3. Fill out the forms, with the help of your advocate. Don't leave out any pertinent information about previous abuses or threats of violence.
4. Bring any evidence of abuse to the crisis center. Your advocate can tell you the best way to present your evidence in court.
5. File your OFP or HRO and tell the attending clerk exactly where to send your copy of the order.
6. Arrange to be in a safe environment when the court serves the perpetrator with the restraining order.
7. Have multiple copies of your temporary restraining order so you can give one to your employer, landlord and the principal of your children's school, if necessary.
8. Prepare for the court hearing that will decide whether a permanent restraining order is necessary. Witnesses to the abuse must show up for this hearing, which usually takes place around 10 days after the initial filing.
9. Keep a copy of your permanent restraining order on you. Perpetrators can show up at any time and any place, so you need your restraining order on hand to show police no matter where you are.
10. Call 911 immediately should the perpetrator violate the restraining order, and threaten further legal action if he or she doesn't stop harassing you.

Tips & Warnings

• As a victim of domestic violence, you have the right for a court to hear your complaints without unreasonable delays.
• Victims of domestic violence may experience feelings of worthlessness or hopelessness, even after leaving an abusive situation. If you are the victim of domestic violence and notice severe symptoms of depression such as difficulty sleeping or increased anxiety, contact a medical professional.