Local police enforce restraining orders.
Judges issue restraining orders to protect people who have been the victim of violence from being further harmed by their abuser. In most cases, this violence takes the form of domestic abuse, stalking or sexual assault, but in some states, petitioners can also seek a restraining order as protection against verbal abuse. Restraining orders are obtained at the courthouse in the county where the petitioner or the respondent (the alleged abuser) lives, by filing an application with the court clerk.
Instructions
1. Go to the courthouse and file an application with the county clerk. You may find the forms online in some states, and the clerk can supply you with them. On these forms, you will need to give details of the abuse, contact information for yourself and the respondent, and explain the terms you are requesting. (For verbal abuse restraining orders, you can usually request a "no-contact order," which forbids the respondent from speaking to you or contacting you in any way.)
The clerk will give your forms to the judge, who may ask you to make a brief statement. The judge will then set a court date, and may issue a temporary restraining order to protect you until that hearing.
2. Wait for the respondent to be served with the notice of hearing and temporary restraining order. The hearing cannot be held, and the temporary restraining order will not be enforceable until the respondent is served. In most states law enforcement officers will serve the respondent for you for free; in some states, you may have to hire a professional server. The court clerk will be able to tell you make sure the respondent is properly served.
3. Prepare your case to present before the judge. You will usually have about one week to one month between the time of application and the hearing. Gather all the evidence you may have to support your case--police or medical records, a diary of the abuse, witness testimony, or photographs of injuries or damaged property. Practice telling your story, so you are able to tell it clearly, accurately and descriptively to the judge.
4. Appear at the hearing and present your case. If you do not, your case may be dismissed and you will be left unprotected. If the respondent does not appear, you may be granted the restraining order anyway, or the judge may choose to reschedule the hearing.
If granted, the restraining order may be good for anywhere from six months to five years. In most states, you can apply for an extension, prior to expiration.
Tags: restraining order, restraining orders, some states, temporary restraining, temporary restraining order, your case