How to File an Application for a Restraining Order

A court may issue a restraining order to safeguard one individual from harm or harassment at the hands of another. Typically, such orders can be issued against a member of one’s family or household or ex spouses or ex significant others. One key caveat: You do need to know the location of the person’s home address and/or workplace. What does a restraining order actually accomplish? It states in no uncertain terms that the person who has been harassing or harming you must stop this destructive behavior and it orders the person to stay away from you at all times.

Another important point to bear in mind: You do not need to hire a lawyer to get a restraining order. You can get it on your own. This is very important for people to know, as a lot of people are under the mistaken impression that they must hire a lawyer to secure a restraining order. Note also that you do not need to pay a fee to obtain a restraining order. You just need to file your application, clearly stating your reasons for your request. The state will pay the marshall who actually issues the restraining order to the person in question)

Difficulty: Moderately Challenging

Instructions

1. Fill out the proper forms, which are now available online, and make sure to sign them in front of the court clerk (or a notary public). Specifically, you may want to fill out the Application for Relief from Abuse (JD-FM-137) and/or the Affidavit – Relief From Abuse form (JD-FM-138). The more details that you can provide in these forms about precisely why you need the restraining order, the stronger your case will be. (Please note that if you fear that you are in imminent danger, you will want to inform the court of your concerns. In such situations you may be granted an ex parte (or temporary) restraining order, meaning that the person must stay away from you starting right away.) After you have completed the forms, signed them in front of the court clerk and submitted them to that clerk, the forms will be turned over to the judge who will then determine if you are in fact in need of an ex parte restraining order (that is, a restraining order that goes into effect immediately).

2. Answer all of the judge’s questions about why you need the restraining order. If you can provide enough evidence, you may be granted an ex parte (or temporary) restraining order against the person in question. The judge will then issue and sign the restraining order.

3. Make copies of the restraining order and note the date that the hearing is scheduled. The hearing must be scheduled within 14 dates of filing of the order. If you have been issued an ex parte or temporary restraining order, you do not have to wait for the hearing date for the order to go into effect.

4. Keep one copy of the restraining order on your person at all times.

5. Make arrangements immediately for a state marshal to serve the person in question with the papers. (The court can provide you with a list of marshals.) It is helpful to choose a marshal who works in the town in which the person lives and/or works. After the marshal serves the papers, you will be provided with the “Return of Service” paperwork, which notes when the person was served the papers. Keep this paperwork.

6. Go to the scheduled hearing, and get there a little bit early if at all possible. The judge will ask you to present your case and all relevant paperwork. At this point, the judge will make a determination about making (or extending) the restraining order. Typically, restraining orders are in effect for six months, but they may be extended if necessary.

Tips & Warnings

• If the person in question violates the restraining order, you will want to call the police and be ready to present the restraining order to the police, making note of the responding officers’ names.
• In addition to getting a restraining order, you may also want to contact a lawyer and/or your local domestic violence agency for additional support and services.