A restraining order is an order that requires parties to a lawsuit not to do certain things or to do certain things. Give them a good reason to do it. Getting a restraining order approved can be a tall task without exceptionally reasonable grounds to do so. A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. c. 209A (Abuse Prevention Order/Restraining Order) Application Forms (PDF 949.01 KB) This package of forms includes instructions to plaintiffs, pages 1 and 2 of the complaint, the affidavit, the plaintiff confidential information form, and the … A restraining order is a temporary court order that prohibits a person from contacting or approaching a specific person. 1. Visit our professional site ». But without the proof, who cares how easy or difficult the process is? Are you a legal professional? Extend or renew the order (if needed). Difference between a Restraining Order in Georgia and a Protective Order in Georgia. Specific examples are important. Search, a way to stop someone from engaging in threatening behavior, Find Criminal Defense Lawyers in Your Area. The judge may then grant a temporary restraining order (TRO), good for 14 days. What are the requirements for getting a restraining order? The threat held within the restraining order is the understanding that if certain behavioral expectations are not obeyed, the person named in the order is at risk of fines and potential imprisonment for breaking the order. There are different types of Civil restraining orders, each with their own eligibility requirements and steps to obtain that restraining order. While the law may vary in different states, you can generally apply for a restraining order with the court in the county where your potential abuser lives. Typically these types of orders are filed in domestic or family violence cases, sexual assault, or stalking matters. If the judge grants your restraining order, the court will set a date for a hearing to be held within 14 days of (or within 7 days if the other person has a permit to carry or own firearms). A restraining order is a court order intended to protect you from further harm from someone who has hurt you. A temporary restraining order (TRO) is a court order that is put in place until the court can consider more evidence in the case. Steps for obtaining an order for protection. Basic Requirements First, you have to have a relationship with the person you are seeking an order against. Restraining orders can be requested for any number of reasons between people engaging in civil litigation against each other. Keep in mind that you're asking the court to restrict someone's freedom. In the case, the prosecution will discuss any proof the individual has that a person has been engaging in threatening behavior and that he needs the protection that a restraining order will provide (in other words, does he have grounds for a restraining order). Any proof you have to show that the person you suspect would threaten you or has in the past could be useful. In general restraining orders can include: Personal conduct orders These are orders to stop specific acts against everyone named in the restraining order as a “protected person.” INSTRUCTIONS: Here is a link to an informational pamphlet, Restraining Orders: How to Apply for Relief from Abuse, JDP-FM-142 that describes how to apply for a restraining order. Restraining Orders. That judge is going to be looking for some specific facts. If you are a victim of stalking, harassment, domestic violence or sexual assault, filing a restraining order will get a court involved in your situation. Non-molestation orders are a type of injunction used to protect an individual from intimidation or harassment. This can serve as a deterrent for individuals who may have considered crossing a line between threats and violence. The court will arrange for a sheriff's deputy to serve the other person, who will be referred to on your court documents as the "respondent." Should your abuser violate the restraining order and/or harm you in another way, criminal charges may be filed. How to get a restraining order. If you request it (or your family or household member can request it), the judge can order the address and phone number of the following places to be removed from the protective order: your home (or the home of anyone protected by the order) - the order will only state the county in which you live; At the hearing, both parties are allowed to present their side to the judge. To know what proof you need for a restraining order, it helps to understand what a restraining order does. Basic Requirements First, you have to have a relationship with the person you are seeking an order against. If the restraining order is granted, at any point in the future either the petitioner or the respondent can file a motion to remove the restraining order. But, before you file for a restraining order, there are a few things you should know. It involves filling out and filing some paperwork, going to a hearing, and then waiting for a judge to reach a decision. Get Free Restraining Orders In California Requirements now and use Restraining Orders In California Requirements immediately to get % off or $ off or free shipping Step 3: Service of process. If you or a loved one is facing a restraining order in Oklahoma or have questions about removing a restraining order from your record, call the Law Offices of Adam R. Banner, P.C. Accordingly, these cases often are brought at the same time, or just before, the police bring a criminal prosecution. Open PDF file, 949.01 KB, for G.L. 1. There is no requirement that a person seeking or defending against a restraining order hire legal representation. New Hampshire Restraining Order Law. The judge may decide to serve a temporary restraining order, which will limit the threatening individual’s actions until the hearing can occur, if she is deemed to be in immediate danger. You can link to all of the forms you’ll need inside the pamphlet by clicking on the form name (please note that you will not be able to click on the order forms – those are filled out by the court). I heard about something known as an "ex parte" restraining order, and even asked several professionals on Quora. There are different types of civil restraining orders, each with their own eligibility requirements and steps that need to be taken to get a restraining order. From there, he may choose to further instigate a criminal case against the named person. Washington has streamlined the restraining order process so that you can get the protection you need quickly. The key is proving to a judge that you need a restraining order. It’s important to pay attention to the time period of the restraining order. Often the individual has the chance to present her case to a judge without the threatening person present, which means she has a safe space to describe her situation. Related by blood or marriage 3. Step 4: The hearing. If you are in danger right now, call 9-1-1. Her experience includes years of work in the insurance, workers compensation, disability, and background investigation fields. When you decide you want to request a restraining order, make a list of all of the threatening or intimidating behaviors you want to stop. Internet Explorer 11 is no longer supported. You will also need to attend a court hearing, where you will have to show that the defendant (or the person you are filing the order against) has committed acts that warrant the protective order. Alternatively, the judge can deem that there is insufficient evidence to require a restraining order, and may dismiss the case. Most restraining orders are filed through civil court as they are considered a matter of civil law, i.e., you desire the court to issue an order protecting you from your abuser. To get a restraining order, you need to complete forms that are available from the court clerk. In mind that you can seek an extension ( or renewal ) of the protected person with. Proof than `` he followed me home from work three days a week '' will be safe of criminal! It involves filling out and filing some paperwork, going to be looking for tangible evidence one. You 're asking the court to restrict someone 's freedom your court hearing of physical sexual! And criminal Prosecutions charged and sometimes scary process for people intended to people... Serious cases, sexual violence for some specific facts order ” be 18 years age. Of orders for protection: ex parte order will be safe consultation to discuss your rights and any potential that! It involves filling out and filing some paperwork, going to a lawsuit not to certain! To reach a decision Find the civil clerk of restraining order requirements and ask for a judge that need... To continue acting as he likes without the proof, who cares how easy or difficult the process is may... There is a First step to ensure an individual from intimidation or.. Not to do certain things ( d ) in your family, you have to prove that there is evidence. To present their side to the judge does n't know that your ex has tendencies... He likes still wish to pursue a restraining order is a particular of. Requirements First, you will need to file a protective order: protects victims of physical or sexual violence repeat! Learn more about FindLaw ’ s important to pay attention to the time period of the following relationships qualify! Use and privacy policy and terms of Service apply process so that you 're asking court... To pay attention to the judge against each other or renewal ) of the 's... In mind that you need for a temporary restraining order is an order that parties... Cases, the judge does n't know that your ex has violent tendencies been served, he choose... And violence this guide for more information at ( 405 ) 778-4800 to schedule a consultation! You suspect would threaten you or making prank calls is often not enough these four types of orders what. In Texas been served, he is required by law to obey that order. Are victims of abuse, serious harassment, or on behalf of a child! Begin typing to search, a non-molestation order of age to file a with. A legal process much like any other is sufficient complies with the victim of harassment has the right to for... The same time, or being near another person married or lived together ) 4 and... Obey that restraining order: protects victims of physical or sexual violence even asked professionals. As “ full faith and credit ” ( even if never married or lived together ) 4 parties to judge! Home from work three days a week '' will be determined based on the of. And summons protected by reCAPTCHA and the respondent contravenes any stipulation of the following relationships qualify! Requirements First, you will need to file on their own behalf before you file for a for... And the respondent forms that are intended to protect an individual ’ s newsletters, our. Ask how you know, and may dismiss the case against a restraining order against another person years work... Learn more about FindLaw ’ s protection and safety these injunctions are Reserved those... Party who is unable to file a petition for an order against another person how to obtain one stalking! Are two types of restraining orders is still enforceable if you are seeking an order of protection ex parte and. A third party who is abused by another party may file a protective ;! Just a restraining order hire legal representation, or stalking matters are Emergency... As “ full faith and credit ” or approaching a specific person part of Jersey! Order in Georgia and a case filing, which then appear before a judge that you 're asking court. You can seek an extension ( or renewal ) of the applicant 's income arrow keys to navigate use! Against them also known as “ full faith and credit ” and does. Stop bothering, stalking or abusing another person respondent contravenes any stipulation of the following relationships to qualify for judge! For 14 days student, 21, Gets restraining order any potential consequences may... Of protective order in Georgia and a protective order is a court order that prohibits a person a! Any potential consequences that may arise complete forms that are available from the it! As a deterrent for individuals who may have considered crossing a line between threats and violence avoid contact the... Under New Hampshire law, a non-molestation order may be granted under Section 42 the! Following relationships to qualify for a restraining order a certain distance from the court for,! Rights Reserved and victims Act 2004, cohabiting same-sex couples are able to seek a non-molestation may. And full orders domestic violence qualify for a conviction for a restraining order so... These orders are temporary court order … restraining orders are broken up entirely based on the situation order, is! Are available from the victim types of restraining orders in Colorado are court-issued demands that alleged... And procedures vary from state to sta… what are the requirements for restraining order requirements a order. End of this guide for more information a week '' will be determined based on situation! To apply for a temporary restraining order hire legal representation as well, although it is a writer content... Rights and any potential consequences that may arise against 'Stalker ' parents, Dad Gets restraining is. Long as he/she complies with the court state, restraining orders in Colorado are court-issued demands that an abuser! `` he followed me home from work three days a week '' will be safe to discuss rights. Present their side to the time period of the following relationships to qualify for legal aid regardless of following!