How to Obtain an Emergency Restraining Order

Emergencies often arise during hours when the courts are closed. Most people mistakenly believe that they can not obtain a Restraining Order at these times. But that does not mean the need for Emergency Restraining Orders doesn't exist. Fortunately, due to the newer domestic violence laws, Emergency Restraining Orders can now be obtained through police officers during these hours.

Difficulty: Moderately Easy

Instructions

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

1. 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.

2. Seek medical treatment for your injuries (including a rape kit if necessary), as soon as possible.

3. Upon arrival of the police, assist them in locating the defendant if you know his/her whereabouts.

4. 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.

5. Allow the police to photograph your injuries, and the damage or disarray in your home if the abuse occurred there.

6. Fill out the necessary paperwork. You'll probably need to fill out an affidavit documenting the details of the abuse incident.

7. 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.

Tips & Warnings

• Follow the advice given by the responding officers.
• Do not let the defendant talk you out of testifying against him or her at court.
• Be completely honest with the police officer regarding the details of the incident.
• It is possible that the judge will want to speak with you (on the phone). If so, be honest with the clerk magistrate and/or judge.

[Insightful]

on 12/26/2008 Thanks a lot, jd86!

[jdarling86]

on 10/29/2008 Wow nice article.