The process to get a restraining order generally involves these key steps:
- If in immediate danger, call emergency services (911). Then, go to the courthouse to get the necessary forms to apply for a restraining order.
- Fill out the forms with detailed information about the abuse or threats.
- File the application at the courthouse. In some places, you may need to make a declaration before a Commissioner for Oaths.
- Attend a court hearing where a judge reviews the application. The judge may issue a temporary restraining order if safety is at risk.
- Serve the restraining order documents to the person the order is against (the respondent), usually done by someone other than the applicant.
- Provide proof of service to the court.
- If granted, keep copies of the order with you and provide copies to local police for enforcement.
Additional details:
- In some jurisdictions, you do not need a lawyer to file, but legal advice is recommended.
- Evidence such as witness statements, medical reports, or communications documenting harassment can be critical.
- An emergency or ex parte restraining order may be issued without the respondent present if immediate safety concerns exist.
- The restraining order can protect against various behaviors like physical violence, threats, stalking, harassment, or emotional abuse.
These steps can vary slightly depending on the jurisdiction and type of restraining order (family, criminal, civil). For example, Alberta (Canada) has specific forms and procedures for family and non-family situations, including filing with the Court of King's Bench and serving documents through a process server or other adult.
If further jurisdiction-specific instructions are needed, or more details on evidence or enforcement, please specify.
