Restraining Orders How-To-Get

   A restraining order is an order from the court that protects a person from someone who mistreats them, threatens them, fights them, or assaults them physically or sexually. The person asking for a restraining order is usually called the "protected person." The person who the restraining order is against is called the "restricted person." You can include "other protected persons" in your application for a restraining order if you believe they are also in danger.

   There are two types of restraining orders: Civil and Domestic

Domestic Violence Restraining Order

   A domestic violence restraining order is usually against someone that you had a romantic relationship with, have children with, live with, are a immediate blood relative with, or dated. In order to obtain a domestic violence restraining order, usually you go to the court and fill out various forms such as the DV-100, etc. It is important to include a declaration in your paperwork because a Court needs to look at the conduct of the restricted person (the way they acted towards you, and when they did something harmful to you). Typically, the older or longer away the abuse occurred, the less likely you are to succeed. This is because restraining orders look at the current danger, and the probability of future danger. All you have to show is a preponderance of the evidence that you need protection.

   If a Judge believes that your arguments are valid, the Judge grants a "Temporary Restraining Order," which prevents a person from coming within 100 yards of you and places you reside, work, etc. An order also restricts the person from doing harmful things towards you. If a Judge doesn't think there's any danger at that moment, then no orders are given.

   Whether or not you get the Temporary Restraining Order, the Court will give you a Court date.

   You MUST have someone else (that's not involved with the case) personally serve the restricted person to notify them of a court date.

   At your Court date, be prepared to argue your case. Restraining orders can be granted for a certain number of years! If the Judge doesn't believe you proved your case, then there is no restraining order.

Civil Restraining Order

   A civil restraining order is usually against someone that you are not immediately blood related to (aunts, uncles, cousins), neighbrs, co-workers, or basically anyone with whom you do not have a romantic relationship with that has threatened or harmed you. In order to obtain a this type of restraining order, usually you go to the court and fill out various forms such as the CH-100, etc.

Basically, it's the same process as above. Include your declaration because the Court needs to look at the conduct of the restricted person. All you have to show is a preponderance of the evidence that you need protection.

   If a Judge believes that your arguments are valid, the Judge grants a "Temporary Restraining Order," which prevents a person from coming within 100 yards of you and places you reside, work, etc. An order also restricts the person from doing harmful things towards you. If a Judge doesn't think there's any danger at that moment, then no orders are given.

   Whether or not you get the Temporary Restraining Order, the Court will give you a Court date.

   You MUST have someone else (that's not involved with the case) personally serve the restricted person to notify them of a court date.

   At your Court date, be prepared to argue your case. Restraining orders can be granted for a certain number of years! If the Judge doesn't believe you proved your case, then there is no restraining order.

You could hire someone to ensure that your rights are defended. An attorney can help you figure out where to go. We are here to guide you, and defend you.