How to Serve a Restraining Order

Court documents or a court order help keep you safe.

Filing for a restraining order will help to keep someone from abusing you or harassing you. Do not take abuse or harassment lightly. A restraining order will give you legal protection against the person who is attempting to abuse you. People often need to seek restraining orders when they leave an abusive relationship. You can also file for a restraining order if someone stalks you. The restraining order is your best protection when you feel threatened by abuse or stalking.

Instructions

1. 

   Collect all documentation relating to abuse.

   Gather any documentation you have that shows evidence of the abuse. Keep a notebook and document the times that the person threatens or harasses you. Go to doctors and show them any bruising or other injuries resulting from abuse. The doctors can document it in their files, and you can use these records in court. Take pictures of any scars or bruising you have. Save the pictures for the court record.

2. 

   File a restraining order with the courts.

   Go to your local courthouse. Obtain the correct legal forms. The form may be called a Restraining Order, or it may be called a Petition for Protection from Domestic Abuse. Fill the forms out completely in blue or black ink, and keep copies of the forms for yourself. Make sure your name and the case name is on top of every page in case the forms get separated. Attach any additional information you have pertaining to the case. Keep a copy of the information for yourself in case it gets lost. File the paperwork with the court.

3. 

   The sherriff's office or police serve the paperwork.

   Notify the person that you are seeking a restraining order against by having a sheriff or police serve them the paperwork. The court will notify both you and the other party of the court hearing.

4. 

   A judge makes the final decision.

   Attend the court hearing. Tell the judge why you need the restraining order. The judge makes the final decision on the restraining order. Court papers will be mailed to both you and the other party. If the restraining order is granted, the other party will have to abide by it or risk being put into jail or fined.

Tips & Warnings

• Fill out the form in blue or black ink.

• Keep a copy of all documentation for yourself.

• Contact the police if you are being threatened or abused.

• Contact the police if the abusive person does not abide by the restraining order.

References

• California Courts: Self Help Center--Elder or Dependent Adult Abuse Problems & How to Ask the Court for Help
• Center for Relationship Abuse Awareness: How to get a Domestic Violence Restraining Order
• Maryland Courts Frequently Asked Questions
• Women's Law: Orders of Protection