The destruction of personal property is also considered a threat to you and your children’s life. For example, a woman and her children are being bothered by the woman’s previous boyfriend. One day he breaks into the woman’s house or car window. When this happens, the woman can file for a restraining order on behalf of herself and her children. Even if the boyfriend still lives in the home, she can get a restraining order if he has acted violently toward her and her children.
The destruction of personal property is also considered a threat to you and your children’s life. For example, a woman and her children are being bothered by the woman’s previous boyfriend. One day he breaks into the woman’s house or car window. When this happens, the woman can file for a restraining order on behalf of herself and her children. Even if the boyfriend still lives in the home, she can get a restraining order if he has acted violently toward her and her children.
In addition to legal help, remember to rely on emotional support. Contact friends or family members to help you through this difficult time. Consider seeing a therapist or going to a support group for victims of abuse or stalking. If you have children, allow them to see a therapist, too.
If you believe that you or your children are in danger from the abuser, even with the restraining order in effect, call 911. Do not rely on the restraining order for complete protection. It is possible that your abuser will violate the order and cause you serious harm.
You may have questions but don’t want to or can’t afford a lawyer. In this case, ask for help from your local court staff or an advocate. They may be able to answer your questions. You can call a domestic violence hotline to ask about your options. In some cases, the organization connected with the hotline, such as the National Domestic Violence Hotline, can get a lawyer for you.
You will also need to bring medical records or police reports that detail any abuse the abuser inflicted on you or your children. [4] X Research source
In some states you may request not to have a hearing. A judge can still order one and you have to attend. If you don’t wish to have a hearing, your order can be limited. In these cases, the judge can order an abuser to leave the home if you live together. The judge can also ask the abuser to cease threatening their spouse or children. In this situation, the order can require little else. [5] X Research source
You can find a process server by looking in the phone book or an online phone directory. If personal service is required in your state, you will need to have the County Sheriff or a process server give the abuser the papers. When giving the papers this way, the Clerk’s Office or the Court will take care the situation. There may be a fee. Call the County Clerk or the Sheriff’s Office in your area for more details. In many states, you can give papers to someone by publication. This is only when you cannot locate them. You publish something specified by the court in the newspaper for a certain amount of time. Even if the defendant does not see it, they have been served. [6] X Research source
When you attend your hearing, dress nicely and remain calm. Do not yell or show any anger, even if you are angry or upset. This will not help you get a restraining order. Pay attention to how you talk to the judge. You have to go to the hearing or the process will be delayed. You may have a lawyer present at your hearing, but it isn’t mandatory.
In these states, people who go against the rules of a restraining order are brought up on charges for contempt. This causes the case to move from civil court to criminal court. If the order is never broken, the case stays in civil court and does not show up on the abuser’s record.
If you live with the abuser, they can be ordered to move out. The judge can order that a police escort be there during any needed contact with the abuser. This can be when they return to a shared living space to collect their things.
The youngest age you can be granted a restraining order is different from state to state. In most states, the minimum age is somewhere between 14 and 18. In California, you can get one by the age of 12.
This order can be signed the same day you apply. This means you will be protected before the date of your hearing. Another hearing is necessary to maintain the restraining order. At this hearing, the accused can defend themselves. [11] X Research source
In California, the Civil Court gives two types of orders, the Domestic Violence Restraining Orders (DVROs) and the Civil Harassment Orders (CHOs). The DVROs are filed against someone you have a relationship with. CHOs are filed against a person you do not know. [12] X Research source In New York state, you can get a civil Order of Protection from civil or family court. You can also get a criminal Order of Protection from the criminal courts. The main difference is that you can only get a criminal order the person you are filing against is charged with a crime. The district attorney can must get the order for you. The civil Order of Protection is filed against someone you know. In Georgia, there are also criminal and civil Protective Orders. Family Protective Orders are used specifically for people with whom you have a relationship. This type of order is obtained in family or civil court. Criminal Protective Orders are used to stop those you don’t know. This type of order is obtained through the criminal courts. [13] X Research source
