How to File an Order of Protection or a Restraining Order
If you are a victim of domestic violence, there are legal procedures to protect you from future abuse. Every state has laws regarding your right to request protective or restraining orders against your abuser. To get a legal protective or restraining order, you must obtain and fill out required forms, file them with your local court, speak to a judge and serve a copy of signed orders on the abuser.
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Things You'll Need
- Printer
- Phone
- Police or domestic violence reports
- Details of harassment, abuse or stalking incidents
Instructions
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Access your local court's website to see if there are online forms. Many courts have self-help websites for those who wish to handle their own legal issues pro per (without an attorney). Online forms can be filled out online or you can print blank forms. Click on the first link under Resources at the end of this article for your local court's website.
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If your court does not have online forms, or you don't have access to a printer, visit your local court to get form packets.
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Fill out required forms; include details of harassment, abuse or stalking incidents. Be specific regarding dates, times and locations. If you don't want the abuser to know your address, be sure to indicate it on your forms. Every protective or restraining order application has this option.
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Attach copies of any police or domestic violence reports, phone bills or written proof such as letters, notes or emails. Phone messages or videos can be submitted to the court with prior approval.
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File completed forms with the court. There is no filing fee for protection or restraining orders.
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Tell the judge about all incidents included on your forms. Protection or restraining order applications are handled as soon as the judge has time; this could be anywhere from a few minutes to a few hours from the time you submit your forms.
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Ask the judge about alternative options if your order is not approved. If your order is approved, the judge will sign your forms and the clerk will give you several filed (court-stamped) copies.
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Have a copy of your signed order served on the abuser. The court usually provides a list of process servers and law enforcements locations for you to choose from; these services are either free or low-cost, depending on local laws and your income.
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Follow the protective or restraining order. If you violate the order, the abuser can use it against you in court to get the order vacated (canceled).
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Tips & Warnings
-- If you feel unsafe in your home, environment or relationship, there are many resources available to assist you in finding temporary shelter, counseling and legal assistance. Click on the links at the end of this article for departments and services in your area, or for more information about domestic violence and spousal abuse (second and third links under Resources).
-- If you have questions or concerns about forms or legal procedures, contact your local court. There are many resources available to assist you in the protective or restraining order process.
-- If you are in a domestic violence situation, seek help immediately. Rehabilitation for both abusers and victims can require intensive counseling and intervention, which can take months or even years.
-- Never file protective or restraining order applications just to "get back at" someone. It is illegal to falsify information on legal forms or to lie in court (perjury). Penalties for falsifying legal forms or perjury can include case dismissal, fines, criminal conviction and jail time.
-- Do not bring children to court. Most courts prohibit children from entering the courtroom; leave your children with a friend or family member.
