4 Ways to Obtain a Restrictive Order

2024 Author: Samantha Chapman | [email protected]. Last modified: 2023-12-17 09:13

If you are a victim of abuse, you can get a restraining order to protect you or your children from violence, stalking and sexual harassment. A restraining order is issued by a court to prevent the perpetrator from having contact with you; if it is not respected, there are legal consequences. Here's how to request one, but remember that if you find yourself in a situation of immediate danger or abuse, don't hesitate to call the police.

Steps

Method 1 of 4: Know If You Are Eligible to Obtain the Order

Step 1. You should be at least 14-18 years old

The minimum age varies by jurisdiction. Restriction orders for minors should be requested from a parent.

Step 2. Find out what behaviors fall under the definition of abuse:

• Causing physical injury to you and / or your children with violent attacks.

  

• Sexual harassment of you and / or your children.

  

• Stalking towards you and / or those of your children.
• Destruction of personal property following an act of violence.
• Threats to attack, assault or stalk you and / or your children.

Step 3. Find out what type of restriction order applies to you

Restriction orders are handled by the civil court and there are two types: for domestic violence and for civil harassment.

• Those for domestic violence concern people with whom you have a close relationship:

  

  • The person you married or live with or a person you were married with or lived with.
  • Your boyfriend, your girlfriend, your ex boyfriend, your ex girlfriend.
  • A person with whom you are related by blood, marriage or adoption, including grandparents and uncles.
  • The mother or father of your children.

• Those for civil harassment are directed against a person with whom you do not have a specific relationship:

  • A person you don't know who follows you, annoys you and is violent or threatening towards you and / or those of your children.
  • A person you know who follows you, annoys you and is violent or threatening towards you and / or those of your children.

  Method 2 of 4: Understanding What a Restrictive Order Is For

  

  Step 1. Before granting you the order, the judge will analyze your specific circumstances and determine how to protect you:

  • The abuser can be ordered not to have any contact with you and / or your children in person, by phone, by email or through any other means.

    

  • This person cannot get closer than 100 meters (but the distance can be variable) to you and / or your children.

    

  • If you live with this person, they will be ordered to leave home.
  • The judge may order the presence of a policeman during necessary contact with this person, such as when he returns home to collect his belongings.

  • The judge can entrust you with the full custody of minors who have suffered his influence.

    

  

  Step 2. What happens when an order is breached?

  The violation is considered an outrage to the court and the case will be transferred from the civil court to the criminal court, putting in place a precautionary criminal measure.

  • If police intervention was required at the time the order was violated, an emergency precautionary measure will be determined.

    

  • When a case is transferred to the criminal court, this person will be considered a criminal and could be punished for breaking the laws.
  • If the order is never violated, the case remains in civil court and will not be recorded in this person's criminal record.

  Method 3 of 4: Apply for the Restrictive Order

  

  Step 1. Obtain the forms from the local court where the abuse occurred

  If you live in the United States, for example, go to the court in your county or county where the abuse occurred and ask the clerk for the DVRO (for domestic abuse) or CHO (for domestic abuse) restraining order forms. civil harassment).

  • You could also consult a lawyer. It is not mandatory to hire one, but if you have any doubts or find the process confusing, a professional will give you advice, especially for filling out forms.

    

  • If you have questions but don't want to hire a lawyer, ask the court staff or a lawyer for help, whose role will be similar to that of a lawyer.
  • If you need a restraining order as soon as possible, ask for a temporary one, which will be signed the same day you request it and will protect you before the hearing date.
  • If you are not in immediate danger, you will not be protected until the hearing is over.

  

  Step 2. Fill out the forms

  You will complete the fields of a request to obtain a restraining order and, if it is a common law order, an affidavit explaining what happened. You will need to provide information about the person in question: their physical appearance, where they live, where they work and their abusive actions. If possible, bring these documents with you for a detailed report:

  • An image of the person.

    

  • Medical records concerning you.

  • Police reports related to the abuse.

    

  

  Step 3. If the judge accepts your request, after a few days they will tell you when the hearing will be

  • The wait varies depending on where you live. If, for example, you live in the US, the hearing in many states is held within two weeks of applying for a DVRO or CHO.
  • The hearing is usually held within a week if you have applied for a temporary order.
  • You can request not to schedule the hearing (although the judge may still order one). Remember that if you don't want it, the requests you can make will be more limited.

  

  Step 4. Have the person in question receive the order, which cannot take effect until it is received

  • In some cases, you can ask an adult who is not protected by the order to deliver the documents or use a third party service.
  • In some cases, the court itself will send the documents.
  • You can't deliver them.
  • If you do not know this person, you will have to fill in the appropriate forms, as the documents cannot be delivered to a defined person.

  

  Step 5. Wait for the hearing

  You will be required to present testimony in front of the judge, who usually decides whether to issue the restraining order the same day.

  • Make sure you go to the hearing, or the trial will be postponed.
  • You can go with a lawyer, but it's not mandatory.
  • You may request specific protections during the hearing based on your situation.
  • Carry some evidence with you, such as medical or police records or pictures.
  • If the other party does not appear at the hearing, the restraining order is usually released. If, on the other hand, he shows up, the judge will also want to know his side of the story.

  

  Step 6. Hear the judge's decision

  At the end of the hearing, the judge will issue a restraining order, which will describe your rights and which can last up to five years.

  Method 4 of 4: Manage a Restrictive Order

  

  Step 1. Always keep a copy with you

  If you have to call the police, the documents will allow them to understand your situation right away. Have you lost it? Ask for another copy in court.

  

  Step 2. Do something if it is hacked

  The order clearly defines what the other party cannot do. If the rules are violated, the court will have to intervene.

  • If the other party doesn't return personal property, doesn't pay for child support, or does something they shouldn't, call the court to report their neglect.

  • If the other party illegally contacts you, threatens you, or continues to abuse you, call the police.

    

  

  Step 3. If you want to extend or no longer consider the restraining order, contact the court

  They will ask you the reasons for your decision.

  • After five years, the restraining order can be renewed, even if no abuse incident occurs in the meantime.
  • If you want to live with this person, first make sure you have rejected the order.