How to Get a Restraining Order Against Bad Neighbors
Sharing a property line with a stranger can lead to disputes. Many times these disagreements between neighbors can potentially become violent and may require one of the parties to seek legal protection through a restraining order. This order will prohibit any contact between the two parties upon penalty of fine or imprisonment. A restraining order can either be temporary, permanent or can be classified as an emergency protective order, which is sought when one party believes they are in immediate danger.
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Instructions
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Fill out the necessary paperwork to obtain the restraining order against the neighbor. These forms can be located at the city or county's court house. The paper work will ask for specifics about the complaint and should be filled out to the best of one's knowledge.
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Take the completed forms along with a type of identification, such as a driver's license or passport, to the clerk of courts. The clerk of courts will then present the request for a restraining order to a judge. The judge will then decide if the claim has merit, and a temporary restraining order will be granted until a hearing is scheduled.
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Hire a courier service to serve the neighbor with legal documents that state a request for a restraining order has been filed.
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Attend the hearing. At this hearing, the complainant must prove that harassment has occurred in order for the judge to grant the permanent restraining order. This proof can come in the form of harassing letters, taped phone conversations or pictures of damage.
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Obtain several copies of the restraining order, if it was granted, from the clerk of courts. A copy of the restraining order should be kept at one's home and place of employment.
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Tips & Warnings
Gather evidence of the harassment as it occurs. This will make the complaint more valid and increase the likelihood of the restraining order being granted greater.
Laws concerning restraining order vary from state to state.
Call the police immediately if the conditions of the restraining order were violated.
References
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Comments
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how about a person using an order of protection as a form of harassment? An ex friend of mine has been stalking me I called his GF and told them to please leave me alone or I will get an order of protection. And now they have put one on me. The true victim. What should I do? I cant afford to miss work. Cant afford court cost ether.
