How to File a Restraint Warrant
The process to file a restraining order varies depending on where you live. The steps below are intended to get you started on the process no matter where in the United States you reside.
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Instructions
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Call 911 if you, your children or someone you know is in immediate danger or has sustained physical abuse.
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Obtain the proper paperwork. If you are not certain where to get the forms, call your local police department. In most instances, this will require a trip to the police district headquarters where you live. If you have any questions about the process, do not hesitate to ask.
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Submit completed paperwork to the clerk of courts. Usually, the papers will need to be signed in front of the clerk or a notary. The clerk will immediately take the papers to a judge who will decide whether you are in immediate danger and should be issued an ex parte restraining order. He or she may want to ask you questions about the abuse to help make a decision. This process often happens the same day you request a restraining order.
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Make note of the date of your hearing. If the judge issues an ex parte restraining order, your restraining order begins immediately, and the clerk will schedule a hearing, usually within 14 days, to decide if an extended restraining order should be issued, If the judge does not issue a restraining order, you will still be given a hearing date in order to present your case.
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Obtain a copy of the paperwork for your personal file. If you were issued an ex parte order, keep a copy with you at all times.
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Ensure the papers are properly served. Arrange to have the proper authority issue the ex parte order and/or the hearing notification to the defendant. Some places do this automatically for you, others require that you schedule an official to do it. Make sure you know and understand the method of delivery that is expected and, if possible, request a "return of service" so you have proof the papers were delivered in accordance to proper procedure.
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Tips & Warnings
Consult with a domestic abuse advocate or an attorney to ensure you understand the process. Domestic abuse shelters generally have advocates available to walk you through the process for free. In some instances, they will even go to court with you and speak on your behalf, if allowed by the court.
Document and photograph any visible signs of abuse.
