How to Get a Protective Order

Courts issue protective orders also known as restraining orders to people who need protection from verbal or physical harassment or abuse. Obtaining a protective or restraining order against an abuser is a legal way to seek protection from further contact, abuse, and harassment. Individual states have different laws regarding protective orders. This is a general guide to obtaining a restraining order. Check with the local court in your area for a list of local rules.

Things You'll Need

• Request for Order form
• Temporary Restraining Order form
• Restraining Order After Hearing form
• Proof of Service form

Instructions

1. Fill out the "Temporary Restraining Order" form and the "Request for Order" form. The forms can be obtained from the court clerk.

2. File the "Temporary Restraining Order" form and the "Request for Order" form with the court clerk. The court will set a hearing for the protective order either on the same day or the next business day. During the hearing the judge may ask questions about the abuse or harassment.

3. File the judges orders along with the "Restraining Order After Hearing" form with the court clerk and obtain a court date for the hearing for the final restraining order. The court date be set approximately three weeks away.

4. Bring a copy of the temporary restraining order to the police.

5. Have a copy of the temporary restraining order served on the abuser. You can pay a law enforcement officer or a process server to serve the order; or you can have a friend or family member who is over the age of 18 and not a party to the case serve the order. Some law enforcement officers will serve the order for free. Have the person who serves the order fill out a "Proof of Service" form.

6. File the "Proof of Service" form with the court clerk before the hearing.

7. Attend the hearing for the final restraining order. Bring any evidence or witnesses you have with you to court.

8. Bring the final restraining order to to the police to have served on the abuser.

Tips & Warnings

• If you can not afford the filing fees, ask the court clerk for the "Waiver of Court Fees" form.

• Keep a copy of the restraining order with you at all times in case it is needed.

• Contact the police immediately if the abuser breaks the restraining order.

• Laws differ in each area. Check with the local court or an attorney to verify the laws in your district.

• This article is a general guide and is not intended to replace legal advice.