Obtaining a restraining order involves completing court forms, presenting your case to a judge, and attending a hearing if the other party contests the order. Understanding the process helps you prepare effectively and navigate court procedures with confidence during what is often a stressful time.
Gathering Information Before Filing
Before going to court, gather information about the person you want restrained including their full name, address, physical description, and date of birth if known. Collect evidence supporting your petition such as threatening messages, photographs of injuries, police reports, and witness contact information. Organize this material chronologically to present a clear picture of why protection is needed.
Identify specific incidents you'll describe in your petition. Courts need concrete examples rather than general statements that the person is dangerous. Record dates, locations, what happened, what was said, and any witnesses for each incident you plan to include.
Completing and Filing Your Petition
Court clerks provide restraining order forms, and many courts offer self-help resources to assist with completion. Forms require describing your relationship with the restrained person, explaining the conduct justifying protection, and specifying what orders you request. Write clearly and specifically, including details about each incident.
File completed forms with the court clerk and pay any required filing fees, though fee waivers are typically available for those who cannot afford them. The clerk assigns a hearing date and may present your request to a judge immediately for a temporary order that provides protection until the hearing.
Obtaining a Temporary Order
Judges can issue temporary restraining orders immediately based on your written petition without the other party present. The judge reviews your allegations and supporting evidence to determine whether temporary protection is warranted. If granted, the temporary order remains effective until the full hearing.
Temporary orders require personal service on the restrained person, meaning someone must physically deliver copies of the order and hearing notice. This service must occur before the hearing so the restrained person has notice and opportunity to respond. Professional process servers or law enforcement can accomplish service.
Preparing for the Hearing
At the hearing, both parties present their positions to the judge. Prepare to testify about the incidents described in your petition and bring any evidence supporting your claims. If witnesses will testify, ensure they understand when and where to appear. Organize documents chronologically for easy reference during testimony.
Consider what the restrained person might argue and prepare responses. They may deny incidents occurred, claim you provoked them, or argue you don't need protection. Anticipating their arguments helps you present evidence addressing their likely defenses.
At the Hearing
The hearing typically involves you testifying first, presenting your evidence, and answering questions from the judge and possibly the other party. The restrained person then presents their response and evidence. Judges ask questions to clarify facts and assess credibility. Some hearings conclude quickly while contested matters may take longer.
After hearing both sides, the judge decides whether to issue a longer-term restraining order. If granted, the order specifies prohibited conduct, required distances, and the order's duration. Understand exactly what the order requires before leaving court, as both parties must comply precisely with its terms.