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.

Instructions

1. Obtain blank restraining order request forms from the court. The forms vary based on state and county, so you should ensure that the petition is specific to your jurisdiction. You may be required to request a temporary restraining order first.

2. Fill out the form with as much information about you and the person against whom you wish to take out a restraining order.

3. Follow the rules outlined in your petition regarding service. Typically, you will need to contact the sheriff's office for service. This process will let the person know when to appear at court for a hearing.

4. Show up to the hearing 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.

Tips & Warnings

• If there's a restraining order violation and the harasser tries to contact you, call the police immediately.

References

• Medford Police Department: Restraining Order Process