How to File an Ex Parte Restraining Order

An ex parte restraining order, also known as a temporary restraining order (TRO), is a court order issued to restrict an individual from engaging in certain behaviors, such as coming in contact with another person. Ex parte restraining orders are filed in case of emergency to protect immediately the rights and safety of the person who files it, until a court can properly hear the case.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Restraining order forms
• Attorney or advocate
• Designated filing clerk

1. Contact the police, or local law enforcement, and tell them about the threat or harassment you are experiencing, and that you want to file an ex parte restraining order. The law enforcement official will then find a legal advocate or counsel who will help you file the appropriate paperwork so that it can be presented in court as quickly as possible. These services will be available at no cost to you.
2. Discuss your need to file an ex parte restraining order with an attorney. While this is not necessary, an experienced attorney will supervise the paperwork to ensure that the restraining order is properly worded for your ultimate protection and safety. An attorney will also be useful if the other party seeks legal counsel as well.
3. Complete the necessary forms to file an ex parte restraining order. While the proper forms may vary slightly from jurisdiction to jurisdiction, generally you will be required to fill out an application for the restraining order, affadavits that define the protection you require and a request for non-disclosure to keep your identity and location confidential. Note that all of these forms must be signed in the presence of a court clerk.
4. Wait for the decision from the judge on duty. The judge will review the forms and speak with the law enforcement officials and the advocate, as well as your lawyer, to determine whether you need to be protected. You may also be brought into the courtroom and asked questions about your case.
5. File the ex parte restraining order with the county clerk. Generally the ex parte restraining order will last from five to 15 days, depending upon when the hearing for the permanent restraining order is scheduled. If the judge initially rejects your request for an ex parte restraining order, you may be able to repeat the procedure if the harassing or threatening party is brought to the courtroom as well.

Tips & Warnings

• Note that in divorce settlements and custody battles, a judge may want to hear both sides of the dispute before an ex parte restraining order is issued.