RESTRAINING ORDERS

There are any number reasons why you may need a restraining order. Your spouse or partner is abusing you or your child, someone you once dated is stalking you or an ex-friend keeps harassing you for money. In cases like these, and hundreds just like them, a restraining order is the best way to protect your safety and give you peace of mind.

Once you've made the decision that you need to obtain a restraining order, it's time to act. Knowing how to get a restraining order and how it will be enforced is the only way to get the protection you need.

·         Getting a Restraining Order

First, you need to do the paperwork. You can get the forms at your local courthouse, or you can find them online. Many shelters and domestic abuse prevention organizations also have them.  Once you have the forms, the process goes like this:

Complete the forms, describing the abusive or harassing behavior in as much detail as possible.

Take your forms, your ID and any identifying information about the person you seek protection from to your local courthouse and file them with the court clerk.

The court clerk takes your forms and information you provide to a judge, who will decide if a temporary restraining order is needed until a hearing on your application can be heard.

A hearing date for the permanent restraining order is set.

Important: Arrange for service of process on the person you are seeking to have “restrained” by the order. It gives that person notice of the hearing so they can appear at the hearing.  They have the right to be there, so you have to make sure you have them properly served.

At the hearing, you must show the judge the abuse or harassment, and your need for protection. The judge decides whether to issue the permanent restraining order, usually that same day.

·         Enforcing a Restraining Order

Once a restraining order is granted, you should make several copies of the order and keep one with you at all times. Also leave a copy of the order at work and at your children's school or daycare. An abuser or harasser breaks the law when they don't follow the restraining order's terms, which usually means they come within a certain distance of your child or you.

Important: But it's up to you to make sure the order is enforced! Call the police immediately if the person violates the order. The police should make a report of the incident, and if necessary, enforce the order by ordering the person to leave you alone or, if necessary, by arresting that person. In cases where the police refuse to act, usually you can:

File a civil lawsuit for contempt of the order against the person.

Talk to your local prosecutor about pressing criminal charges.

The person will most likely face jail time, a fine or both for violating the restraining order.

People do not want to find themselves needing to seek a restraining order. But when it happens, you must act to protect yourself.  Stand up for your protection, your property and your loved ones by using the law to get a restraining order when you need it.