How to
File a Restraining
Order
You can obtain a restraining order most quickly by calling the police. Family court personnel
& shelter volunteers can also assist you in getting one.
For example, at Hope, Inc., our Victims Advocate, Kathy
Smith helps abused women get restraining orders. |
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Steps:
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1.
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Call 911 if you're in immediate danger. Call if you're being
threatened or abused, or even if you've just been abused but the
abuse has ended. Tell the police you want to press charges. The
criminal court will issue a restraining order immediately if the
case is prosecuted.
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2.
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Get yourself and your children to safety. Find the local domestic violence shelter (see "How to Find a Battered Women's Shelter") and ask for help. The staff there may be able to get you to a safe house and help you file for a restraining order. |
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3.
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If you didn't
call the Police right after the abuse happened, then go to the police station and ask how to press charges.
Remember to obtain any necessary papers. |
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4.
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Call your local family court and find out how to file for a restraining order in that court. Go to the court and get the papers you need.
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5.
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Fill out all paperwork that is given to you. Include all Social Security numbers, birth dates, dates abuse occurred, names of witnesses, any photographs that were taken, and details about exactly how you were abused.
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6.
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Protect your children from abuse by obtaining restraining orders
for them as well. Your children may be entitled to restraining
orders if they were physically abused, emotionally abused or
witnesses to abuse that happened to you.
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7.
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Sign the papers before a notary if directed. Court clerks are
notaries.
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8.
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Know that you can request a restraining order during a divorce.
You may do so when you file for the divorce or at any time during
the case.
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Tips:
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1.
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In some states, restraining orders are called orders of protection. Court personnel will understand either terminology. Your local court that deals with family issues may be called something other than family court.
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2.
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Hire an attorney if you can afford to. This is very helpful in family court.
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3.
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Understand that in criminal court, you're not the one who has to prove the abuse happened. The district, town or city attorney will handle this.
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4.
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You can get a restraining order if you're afraid you'll be harmed but nothing has actually happened yet.
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Warnings:
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Get yourself out of the abusive situation. Your
safety and the safety of your children should be your primary
concern.
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Other
Miscellaneous
Information
Click on One of the
Links Below to:
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Other Legal
Information
Click on One of the
Links Below to:
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For
information on other topics, click on the Information Button
above on the left side of this page. |
