How to Get a Copy of a Restraining Order

Restraining orders are issued by judges.

Restraining orders are issued by judges to protect victims of abuse, harassment, and stalking from further violence by family members and others. Restraining orders are obtained by filing a petition at the courthouse and appearing before a judge to explain the situation and the need for protection. The orders are filed by the court clerk and copies are given to the plaintiff (the person petitioning for the restraining order) and the respondent (the alleged abuser, harasser or stalker).

Instructions

1. The plaintiff must make multiple copies of the restraining order after it is issued at the hearing. These usually need to be notarized, a service the court clerk can perform. The plaintiff should keep a copy with her (the plaintiff is usually a woman) at all times; if the respondent violates the order, it will be easier to explain the circumstances to the police with a copy of the restraining order readily available. Copies should also be distributed to relevant family members who may be covered under the order, or through whom the respondent might attempt to contact you. Copies may also be given to school officials or someone in your workplace.

   If you need to request additional copies of the restraining order, you may do so through the court clerk or the local police department. You will need to give your name, the respondent's name, the case number and show identification. Your attorney, if you had one, may also be able to provide you with a copy of the order.

2. The respondent is served with a copy of the temporary restraining order prior to the full hearing. This service will typically be done by law enforcement personnel or a professional process server. He will also be given a copy of the final restraining order following the full hearing.

   If you wish to request a copy of a restraining order filed against you, you can do so at the court clerk's office in the courthouse where the order was filed.

3. For anyone else wishing to obtain a copy of a restraining order, that person must go to the local courthouse and request the information from the county clerk. In most states, these documents are public record unless the case was sealed by the judge and should be readily available. You may be charged a fee to obtain a copy of an order which does not involve you.

References

• Women's Law: Restraining Orders

Resources

• Find Law: Protective Orders by State