How to Obtain an Emergency Restraining Order

Abuse can tear any home apart.

Protecting yourself and your family from abuse can be a difficult task, especially if you live with the abuser or if the abuser has access to your home. Be thankful though, there is help and protection available to you. The courts and law enforcement officials are on your side, willing to help stop current abusive situations and prevent future situations from occurring. These people can provide you with legal options that can separate you and your family from the abuser: All you need to do is ask for help.

Difficulty:

Moderately Easy

Instructions

1. You have a right to protect yourself and your children from abuse. George Doyle/Stockbyte/Getty Images

   Ask the law enforcement official who responds to the scene of your domestic violence call to request an emergency protective order on your behalf. Or, visit the clerk of court's office to obtain a domestic violence petition. Complete the petition and submit it to the clerk right away to get the emergency protective order issued as soon as possible.

2. The court is here to help protect you. Comstock/Comstock/Getty Images

   Wait for a judge to review the petition for the emergency protective order. Check your mail for notification of your scheduled hearing date. Here you will discuss whether a long-term protective order is needed -- as this notice will also inform you whether or not your protective order was approved. Call the court clerk to check the status of your case, or if you have any questions.

3. Law enforcement officers exist to help maintain the safety of the citizens. Jupiterimages/Photos.com/Getty Images

   Wait for a law enforcement official to serve the emergency protective order to the offending party, or until the law enforcement officials inform the offending party of the order's existence. Before this happens you cannot assume that you are protected by the emergency protection order. Call the agency that is listed on the protective order to determine if and when the respondent was served a copy or informed of the emergency protective order.

Tips & Warnings

• Your trial date will be set 14 days from the date the protective order was approved. Your emergency protective order will be in effect until then -- and possibly afterwards -- unless the judge issues a long-term order against the abuser.

• There is no fee to file a domestic violence protection order.

References

• Superior Court of California, County of Alameda; How to get an Emergency Protective Order/Restraining Order
• Kentucky Court of Justice; Preventing Domestic Violence How to Obtain an Emergency Protective Order & Domestic Violence Order
• University of Virginia Women's Center; How to Get a Protective Order