How to Get a Restraining Order on an Ex-Husband
Restraining orders can be issued for a number of reasons. In the context of domestic violence, they are usually to keep a threatening person away. They can be linked to specific people (including children) as well as places (like work, home or school). If there is a significant chance of imminent harm to you, you can get a restraining order immediately from a local judge. If not, you must attend a formal hearing and present evidence.
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Instructions
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Go to the courthouse. Restraining orders, sometimes called orders of protection, are governed by state laws and issued by state courts. Thus, you must go to the state courthouse in your county, or in the county in which your ex-husband lives, to receive one.
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Submit a petition and affidavit. The formal request for a restraining order is called a petition, and it can be obtained from the clerk of the court . An affidavit may be incorporated into the petition or my be a separate document. It will allow you to describe the reasons why the order should be granted and the type of protection you want. If you are in imminent danger, request an ex parte hearing.
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Convince the judge. The only person who can grant a restraining order is a judge. This person has to carefully weigh the rights of your ex-husband against the risk that he might harm you or your children. An ex parte hearing is one where your ex-husband is not present. This is usually your best chance to convince the judge with your story that you are at imminent risk and that a protective order should be issued immediately.
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Get a permanent restraining order. The order obtained from an ex parte hearing is only temporary. If you want a permanent order, eventually your ex-husband will have to get the opportunity to present his side. Because the situation can quickly become a he-said, she-said affair, objective evidence will be required to win a permanent order. This means recordings of threats, witnesses, medical records, police reports or any other proof of past and likely future abuse.
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Tips & Warnings
Don't forget that you can get a restraining order on behalf of your children even if you've never been abused or threatened by your ex-husband if he's posing some risk to their safety. But, in some ways, a restraining order is just a piece of paper. By itself it can't help you. What it does is empower the local police to get involved immediately if the order is violated. Do not hesitate to call 911 if your restraining order is violated.
