How to File a Restraining Order

When someone files a restraining order, the legal document prevents another individual from coming in close proximity or contact with the person. Restraining orders are usually a last resort and used when someone is being harassed, sexually abused, or constantly followed. If there's a restraining order violation, the harasser may then have to pay a fine or spend time in jail. Read on to learn how to file a restraining order.

Difficulty: Moderate

Instructions

1. 
    

   In order to file a restraining order, you need to first find the restraining order forms on your state's official website, download them, and fill out the restraining order forms. After filling out the forms, search online for the number of your local clerk of the court. Call the clerk and arrange to give the forms to the clerk, who will then pass them over to the judge. If the option to download the restraining order forms isn't available in your area, you need to head over to the county courthouse in the family court division and ask for the forms. Of course, once you get them, just fill them out and give them to the clerk.

2. Now, go to the sherrif's office and make sure that a message is delivered to the harasser, letting the person know when the hearing will be. Depending how severe the matter is, the hearing for the restraining order can take place anywhere around a few weeks.

3. 
    

   On the day of the hearing, show up early and bring evidence. If you don't attend the hearing, it might be held against you if you attempt to file a restraining order later on. During the hearing process, you'll need to explain why you want the restraining order, provide evidence and pictures of the abuse, and explain what you did to avoid the harasser. Though it may be difficult to talk about such a sensitive subject, try to remain calm and keep your eyes on the judge. If you know your harasser is going to hire a restraining order attorney, think about hiring a restraining order attorney for yourself as well.

4. If there's a restraining order violation and the harasser tries to contact you, call 9-1-1 immediately and tell the police that that the restraining order has been violated. Your harasser will then have to either face jail or a fine.

Tips & Warnings

• During the restraining order process, stay strong! This is just an obstacle, in your life, that needs to be overcome.

Resources

• Do Arrests and Restraining Orders Work?

[godfather25]

on 10/26/2009 Nice article on filing a restraining order.