How to Get a Temporary Restraining Order

If you believe you are in immediate danger of being harmed, you can file for what is known as a temporary restraining order. A temporary restraining order will be effectively immediately after it is granted, and can be done without informing the person for whom the restraining order is against, called "ex parte." This is usually done to prevent the person from becoming enraged over a restraining order being filed, and to offer immediate protection; if the person violates the temporary restraining order, you can contact the police to have them arrested and remove from the premises.

Instructions

1. 

   To file a temporary restraining order, you can go to your county courthouse. Ask the clerk of the court how to file for a temporary restraining order. Be sure to ask to see the judge immediately, otherwise, the clerk may think you are filing for a regular restraining order, which requires a hearing that both parties must attend and will happen weeks later. You may also be asked to fill out a form, or an affidavit, explaining why you are seeking a temporary restraining order, why you feel you and/or your children are in immediate danger, a detailing any past incidents of violence, stalking, or harassment.

2. 

   When you are in front of the judge, you will need to explain why you are seeking a temporary restraining order, and why you are in immediate danger. Bringing photographs to show past abuse, police reports from previous incidents, and any other evidence you have of prior abuse will help your case. Giving examples of how you have tried to escape the abuse or harassment will also help persuade the judge that you need the temporary restraining order now.

3. 

   If the courthouse is closed when you try to get a temporary restraining order, you can also try to obtain one at your local police department. You will need to go to the police department and fill out an affidavit explaining the situation, who you are afraid of, and why you are in fear that they will harm you. Once you have filled out this information, a police officer will then either bring you in front of a judge if it is between normal hours, or contact an on-call judge by phone if it is past business hours. The judge will ask you to repeat everything that you have written, ask you to swear to it as fact, and will either grant or deny you a temporary restraining order.

4. 

   If the temporary restraining order is granted ex parte, it means the order takes effect immediately after the judge signs it, without the other person knowing it is in effect. The other person will then be served by a court marshal to let them know the temporary restraining order is in effect, and letting them know the boundaries of the order - usually, that they cannot be within so many yards of your home, place of work, or school, or contact you via phone, e-mail, or mail.

5. 

   You will also be given a hearing date within 2 weeks at which you MUST appear to make the restraining order permanent. If you do not appear, not only will the matter be dropped, it can also be held against you if you ever try to file for another restraining order. At the hearing, you should bring evidence of any abuse, harassment, or stalking, such as photographs, videotaped evidence, police reports, statements from witnesses, and any other evidence you have to support your case. If the restraining order is made permanent, then the other party must adhered to the terms of the temporary restraining order forever, or until you have the restraining order dropped. The other person cannot have the restraining order dropped on their own.

Resources

• How to Get a Restraining Order