If you or your children are victims of abuse or threats, you can obtain a restraining order against the abuser. Threats can come from a partner, family member, or stranger. This is a court order that prevents the abuser from contacting you. A restraining order offers some protection and creates consequences for the abuser if he violates the provisions. Once you understand this information, you can go through the process of obtaining the restraining order.
Steps
Part 1 of 4: Making the Decision to Get a Restraining Order
Step 1. Identify the threat or abuse.
It is possible to file a restraining order to protect you and your children from an abuser or stalker. You should get it in case the abuser has caused any physical or mental harm in the past or if they pose a potential threat in the future. There are many actions that can be considered as threats. It is considered abuse if a person threatens or inflicts physical harm on you or your children by attacking, hitting, or roughly touching you. It is abuse if he commits a sexual assault or abuse against you or your children. It is also considered a threat if he harasses you or stalks you or your children.
- Destruction of personal property is also considered a threat to your life and that of your children.
- An example of this is when a woman and her children are bullied by an ex-boyfriend. One day this man breaks the glass in the woman's house or car, and when that happens, she can apply for a restraining order for herself and her children. Even if her partner still lives at home, the woman can obtain the restraining order in case he has acted with violence against her or her children.
Step 2. Ask for help
Obtaining a restraining order is a fairly straightforward process, but legal documents are generally complicated. Don't be afraid to enlist the help of an attorney in filing the order to make sure you get it right from the start. An attorney can also guide you to include relevant details in your order that can facilitate court approval.
- In addition to legal help, don't forget to turn to emotional help. Get in touch with friends or family to help you get through these difficult times.
- Consider visiting a therapist or going to a support group for victims of abuse or harassment.
Step 3. Contact the emergency number whenever you feel that you are in danger
Before or after obtaining the restraining order, you should contact the emergency number in case you feel that you or your children are in immediate danger. This order can only protect you up to a point, as having one does not guarantee that your abuser will abide by its terms. Your safety is important, and the restraining order can only help you if the abuser follows its rules.
If you believe that you or your children are in danger from the abuser, even with a restraining order, contact the emergency number. Don't rely on the restraining order for full protection. Your abuser could rape her and cause you serious harm
Step 4. Remember that abuse is never your fault
Many abuse victims hesitate to take legal action against their abusers because they think they are to blame. Regardless of your own words and actions, the abuse is not your fault. You deserve to live a happy life, free from threats and without fear.
Part 2 of 4: File a restraining order
Step 1. Get the corresponding forms
You must go to the court of your city. You may also need to go to court where the abuser lives or where the abuse occurred. Once there, you will need to request an application form for the type of restraining order you wish to submit. On some occasions, you can find these forms on the websites of the courts, so that you can print them and have them ready for when you go to the corresponding entities.
Step 2. Get a lawyer.
While it is not necessary to have an attorney to file a restraining order, you may want to speak with one in case you have any additional questions about your situation. You should also talk to one in case the whole process seems too confusing. He will be able to help you fill out the necessary forms and advise you on which type you need.
- You may have questions but you may not want or be able to hire an attorney. In this case, ask your local court for help. There they could solve all your doubts.
- You can contact a domestic violence helpline to ask what options you have. In some cases, the organization associated with that helpline may assign you an attorney.
Step 3. Complete the forms
You will need to fill out a petition to get a restraining order. You should also have a notarized certificate that explains the events that led you to present the order. This act will include all the abusive or threatening behaviors carried out against you or your children. You will need to provide information about the other person's appearance as well as where they live and work.
You will also need to submit medical records or police records that detail any abuse inflicted on you or your children
Step 4. Request a court hearing
After filing the restraining order, you will get information about your hearing. Find out how long this will take in the court you go to. Generally, the hearing will be scheduled within two weeks of submitting the documentation. If you requested an emergency restraining order, the hearing will be held as soon as possible. It will generally be done within a week.
In some places, you may request not to have a hearing. Regardless of that, a judge can still order one that you must attend. If you do not wish to have a hearing, your order may be limited. In these cases, the judge can order an abuser to leave the home if he or she lives with you. You can also ask him to stop threatening both your spouse and your children. In this situation, the order can be a bit more demanding
Step 5. Send the court order to the abuser
The restraining order does not go into effect until the abuser receives the appropriate documentation. You do not need to provide the documentation on your own. If you do not know its location, you will need to fill out special forms to explain this fact. You can choose to ask someone of legal age who does not receive the protection of the order to send you the documentation or you can also hire a courier service to do so.
- You can request the services of a bailiff by looking it up in the phone book or in an online directory.
- If the law requires you to deliver in person, you should go to the local authorities or a judicial agent to take care of the process. In this way, they will be the ones who will take care of the situation. You may have to pay a fee for this service, so it is recommended that you find out the steps you will need to follow in these cases.
- In some cases, you can deliver the documentation to a person through a "post." This only occurs when you cannot locate it. You must make a publication specified by the court in the local newspaper for a specified amount of time. Even if the defendant does not see it, it is still considered as delivered.
Step 6. Attend the court hearing
You must provide a statement before a judge that supports your request. You may request specific protection at the hearing depending on your situation. Bring the evidence that supports your claims. This includes any medical or police records as well as images. The abuser will also be given the opportunity to provide his or her side of the story. In most cases, if the defendant does not attend the hearing, the restraining order will be granted.
- When you attend the hearing, dress formally and remain calm. Don't yell or display angry behavior, even when you really feel that way. That will not help you get the restraining order. Also, pay attention to the way you address the judge.
- You must attend the hearing or the process will be delayed.
- You could have an attorney present at the hearing, but they are not required.
Step 7. Accept the judge's decision
Generally, the judge will decide whether to issue the restraining order on the same day as the hearing. If he accepts your request, the judge will issue an order with a specified duration, which can be provisional or permanent, as in the case of Spain. It will describe your rights and the limitations imposed on the other person.
Part 3 of 4: Using the restraining order
Step 1. Keep an order of the order
To protect yourself, you will need to have a copy of the restraining order at all times. This will help you use it in case the abuser ignores it and tries to contact you. If you need to call the police, the document will help them understand your situation more quickly. If you lose the order, contact the court to request another copy.
Step 2. Find out about the ways the restraining order can be violated
If the abuser contacts you or breaks any rules, you can be arrested. You can also apply for the restraining order in a civil court, where they can deal with family-related problems appropriately. Generally, someone cannot go to jail according to the rules dictated in the civil court. In some cases, violating the restraining order can escalate the situation.
- If a person disobeys the rules set forth in a restraining order, they may be charged with contempt, which will move the case from civil court to criminal court.
- If the defendant never violates the restraining order, the case will remain in civil court and will not appear on your criminal record.
Step 3. Contact the court
In case of violation of the restraining order, the case must be reported to the court. The restraining order must clearly and accurately state what the other party cannot do. If you violate these rules, you can be arrested and charged with a crime. If this person approaches your property, does not pay child support or act as stipulated by the judge, contact the court to report it.
Step 4. Extend or cancel the restraining order
You can contact the civil court to extend or annul the restraining order, but for that you must explain your reasons. Each restraining order has an expiration date, after which you can renew it even if there are no new incidents or abuse. If you want to live with the person you placed the restraining order on, be sure to void the document first. If you don't, you can get her in trouble.
Part 4 of 4: Understand the Fundamentals of a Restraining Order
Step 1. Learn about the types of protection it provides
If you file a restraining order, a judge will decide the type of protection you will receive based on their understanding of the situation. Abusers or harassers can be required to avoid any contact with you and your children, whether in person, by phone, by email, or otherwise. Abusers or stalkers may also be ordered not to approach a certain distance from you or your children. For example, in Spain the usual distance that is usually applied is 500 m, although it may be greater or less depending on the situation.
- If you live with the abuser, the judge may order him or her to move out.
- The judge can order the presence of a police escort during any necessary contact with the abuser. This can happen when you return to a shared home to pick up your things.
Step 2. Learn about the requirements
There are a few requirements that you must meet in order to request a restraining order. You must be an adult or under a certain age. You must prove to the judge that the person against whom you want to file the order is a threat to your physical and mental health. Parents can file restraining orders on behalf of minors. However, any minor who lives independently can receive a restraining order.
The minimum age requirements to request a restraining order may vary depending on the country and jurisdiction to which you belong, so you should find out this information in the court where you want to request it
Step 3. Get an ex parte restraining order
There are many court orders that are commonly called restraining orders, but they are all very different. An ex parte restraining order is also known as an emergency restraining order or emergency protective order. It is a temporary order issued by the court without the need for the abuser or stalker to be present to defend himself. If you think someone poses an immediate threat to you, you can get an ex parte restraining order to keep them away.
- You can sign this order the same day you request it. This means that you will receive their protection before the date of the hearing.
- However, another hearing is needed to keep this restraining order in effect. At this second hearing, the accused can defend himself.
Step 4. Find out about the types of orders in the country where you live
There are different types of restraining orders and the difference generally depends on the court where they are filed. It will also vary depending on the person against whom you are filing it (in case it is a relative or a partner). This person can be a spouse, a domestic partner, a boyfriend or girlfriend, an ex-partner, or even the father or mother of one of your children. Be sure to inform yourself about the laws of the place where you live to determine the type of order that you can request and before which court you should do it.
- Some of the types of restraining orders that exist are domestic violence restraining orders, civil harassment restraining orders, elder or dependent adult abuse restraining orders, or workplace violence restraining orders. Find out about which of these types of orders apply in the country where you live
- For example, you can file for a civil harassment restraining order in civil or family court if you have been the victim of abuse, threats, sexual assault, or stalking. In this case, the person against whom you can file the civil harassment order can be a neighbor, a roommate (without having had a romantic relationship), a friend, a relative with more than two degrees of separation or other people who do not are related.
- Another common type of restraining order is the domestic violence restraining order, which protects you from mistreatment or threat of mistreatment by someone with whom you have a close relationship (married or common-law partner, divorced or separated, cohabiting, paternal affinity or other type of close bond).