A restraining order, also termed as protective order, can be defined as, court order issued upon application for protection against a person or abuser. There are 2 types, such as, criminal and civil. In both types, the defendant is the one who is being prohibited against contacting the plaintiff or victim. The only difference is, in civil case, the terminology used is petitioner and respondent, while in criminal case, the parties would be referred to as plaintiff and defendant. Filing a restraining order helps the person to protect himself/herself against certain person or group of persons, who might be harmful to him/her.
Let's take a quick look at the procedure and requirement for filing a restraining order.
Filing a Restraining Order
If you feel any potential threat, call 911. Sometimes, after the incident is over, you may still feel intimidated, tell the cops that you want to press charges. If the court feels there is sufficient evidence to prove that you are under potential danger, the court will issue restraining order right away. In case of domestic violence, get the information from the local family court. Get the papers from the court and fill in the information, like giving contact details, evidences of abuse related to domestic violence, any witnesses, photographs et al. A woman with children can get restraining orders issued for them, if she feels there is a threat to them during the process of divorce. The court will then issue an order to the defendant which will keep him/her away from the children at school or daycare. The court can also make arrangements for supervised visitation.
Harassment Restraining Order
The procedure begins with filing an application seeking restraining order at your local courthouse. You will be asked by the court clerk to fill in forms containing details such as your contact information, identification and description of circumstances due to which you are seeking help. You will also need to give supporting evidences of harassment or harm, if any. If you can furnish any records of communication, written or verbal, any pictures, it will help you in getting the order faster. After going through your petition, if the judge feels the need for issuing immediate order, an ex parte, also called Temporary Order of Restraint (TRO) will be issued by the judge, which is most often valid for a fortnight. On the hearing date given by the court, you can get an extension for a year or two, and is decided by local law. If you seek Permanent Order of Restraint (PRO) you could hire an attorney for legal advice. Legally enforcing the restraining order requires the marshal to present the order to the defendant personally or at the contact address.
The plaintiff has the right to seek legal protection, if the offender violates terms, even if slightly. The restraining order prohibits the offender to come in contact, communicate or come into sight within specified area from the plaintiff' workplace or home. You can get a separate order for your family members if you feel that the offender is a potential threat to them, upon giving evidence.
This is the process that you need to follow if you have to file a restraining order.
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