Difficulty: Moderately Easy
Things You’ll Need:
- A police report (and preferably police response) regarding the incident that caused your need for an Emergency Restraining Order.
- You'll need to fill out required paperwork
Step1
If and when you are assaulted, a battery has been committed against you, or if you are threatened with imminent harm, or you are placed in fear of imminent bodily harm, by a family member or someone that you are or have been in a significant dating relationship with, call the police immediately.
Step2
Seek medical treatment for your injuries (including a rape kit if necessary), as soon as possible.
Step3
Upon arrival of the police, assist them in locating the defendant if you know his/her whereabouts.
Step4
Provide the police with a detailed report of the domestic abuse incident, including informing them of your injuries, any threats made by the defendant, and include your fear of imminent bodily harm.
Step5
Allow the police to photograph your injuries, and the damage or disarray in your home if the abuse occurred there.
Step6
Fill out the necessary paperwork. You'll probably need to fill out an affidavit documenting the details of the abuse incident.
Step7
In most states, the police have the authority to contact a judge (at any hour), to gain his/her permission for the police to grant you the Emergency Restraining Order. The judge will tell the officer the terms and details of the order.
Do not “give the defendant permission” to violate the Restraining Order.
The order will not become valid until a copy of it is served to the abuser. It will be a Temporary Restraining Order, which will be good for 3-4 days. After that, the order will be reviewed at court, and the defendant will have the ability to contest the order.