How Do I Get a Restraining Order?
A restraining order, also called a protective order, is a legal injunction issued by a state court to protect someone from violence, abuse or harassment. In general, a restraining order can be issued against a family member, spouse, ex spouse or someone with whom you've had a romantic relationship. A judge can order the person to stay away from you, your home, place of work or school. The person can also be barred from contacting you or your children in any way. If the person violates the restraining order, you can call the police and have him arrested.
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Things You'll Need
- Restraining order petition forms
- Petitions for child custody, restitution of medical bills, support payments, and/or sole use of a jointly owned home or vehicle
- Phone book
- Declaration of service
- Certified copies of the restraining order
- Medical bills
- Sworn affidavits from witnesses
- Police reports
- Doctor's reports
- Other relevant proof of abuse
Instructions
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Check with your local authorities about who you need to contact and the forms you need to fill out to get a restraining order. State courts have jurisdiction over restraining orders, and the details of restraining orders and how to get them vary by state.
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Petition for a temporary restraining order if your state allows it and if you can show that you're in immediate danger. Most states require the petitioner and the person she wishes to file the restraining order against to appear in person for a hearing, so a temporary restraining order can protect you until your hearing date.
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File additional petitions for custody of your children, restitution of medical bills from abuse-related injuries, support payments from the abuser, and sole use of a home or vehicle that is in both of your names if your state allows this and if it is applicable to you.
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Have the papers served by hand to the person you're getting the restraining order against. Do not serve the papers yourself. Many states will provide you with an officer of the court to serve the papers. Some states allow any adult to serve the papers and many states have professional process servers who can do this. Professional process servers can be found in the telephone book.
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Make sure the person who serves the papers files a declaration of service with the court. This will be your proof that the restraining order has been given to the abuser. In some states, the restraining order goes into effect as soon as the declaration of service has been filed.
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Get at least two certified copies of the restraining order. Carry one with you at all times and put the other copy in a safe place. Have additional certified copies to give to your children, your place of work, your school, or your children's school. You will need to show the restraining order to the police if the person violates it.
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Prepare for your hearing, if your state requires one. Bring copies of the restraining order, medical bills, and sworn affidavits from people who have witnessed the abuse. You can bring any other kinds of proof you think is necessary to show that you are in danger, such as police reports, doctor's reports, or photographs of injuries or damaged property.
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Arrive for your hearing early and make arrangements for child care if needed. Follow the judge's orders carefully and do not speak unless the judge gives you permission. Do not interrupt when someone else is speaking, even if you think he is lying.
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Find out the judge's reasons for not granting a restraining order, if that is her decision. In some cases, it is possible to appeal the decision if you are able to provide more evidence.
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Notify the police or the court immediately if there is any violation of the restraining order. Do not attempt to contact the person yourself and do not respond to any phone calls, letters, or emails. Keep a record of all illegal contact to show the court, if necessary.
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Tips & Warnings
Contact an attorney or a local domestic abuse center if you need help getting a restraining order. In general, states honor restraining orders issued in other states. If you move to a different state while your restraining order is still in effect, contact the courts in your new state to find out how you should register your restraining order.
