To file a restraining order, follow these general steps:
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Determine the type of restraining order you need
Restraining orders can be for civil harassment, domestic violence, stalking, or other threats. Identify the appropriate type for your situation. -
Go to the court and get the necessary forms
Visit your local courthouse or its website to obtain the petition or application forms for a restraining order. You may request both a temporary (immediate) order and a long-term order at the same time
- Fill out the forms carefully
Provide detailed information about the incidents that led you to seek protection. Include dates, descriptions of abuse or threats, and any evidence you have. Do not sign the forms until instructed, as some may require notarization or signing in the presence of court personnel
- File the forms with the court
Submit your completed forms to the court clerk. The court will assign a hearing date and may issue a temporary restraining order immediately if you request one and the judge agrees
- Serve the other party
The person you want protection from must be officially served with the court papers. This can be done by a sheriff, process server, or sometimes by you, depending on local rules
- Attend the court hearing
At the hearing, you will present your case to the judge, including any witnesses or evidence. The other party can also present their side. The judge will decide whether to grant a long-term restraining order, which can last from months to several years depending on jurisdiction
- If granted, enforce the order
Keep copies of the restraining order and provide them to local law enforcement if needed. Violations of the order can lead to criminal penalties for the restrained person
Additional tips:
- Seek legal advice or assistance from domestic violence organizations if available.
- You may be able to keep your address confidential for safety reasons.
- The process and forms vary by jurisdiction, so check your local court’s website or self-help center for specific instructions
This process applies generally in the U.S., Canada, New Zealand, and the UK with some local variations in forms and procedures
