How Does a Restraining Order Work?
A court can issue various restraining and protection orders that prohibit one person from contacting another. These are referred to as "non-contact orders." Civil or criminal fines may be imposed if the other individual disobeys the directions. So, how does a restraining order work?
Is someone tracking you around? Have you been assaulted or threatened with harm? DoNotPay can help you stay safe. DoNotPay keeps your stalker or aggressor away from you and your family if you need to petition for a restraining order.
What Is a Restraining Order, and How Does It Work?
Restraining orders, often known as protection orders, are court orders that inform people about what they can and cannot do.
They can be applied in non-criminal situations, such as asking parties in civil litigation to leave each other alone and telling property owners to stop activities causing a public nuisance. Restraining orders are sometimes known as temporary injunctions (which can become permanent ones).
In criminal cases, judges employ restraining or protective orders to keep stalkers and harassers at bay. They also prevent abusive spouses or partners from contacting or injuring the other spouse or partner.
What Are the Types of Restraining Orders?
There are 4 kinds of orders, namely:
- Stay-away orders
- Personal conduct orders
- Emergency, temporary orders
- Residence exclusion
Check Your State's Restraining Order Laws
Restraining orders are governed by specific legislation in each state. According to the California Restraining Order Law, "besides family members, pets can be protected by a restraining order if the applicant fears the abuser will harm them".
Here are DoNotPay state guides:
How to Obtain a Restraining Order
There are no costs associated with obtaining a protection order, and you do not need to hire an attorney. The process of getting a protection order, on the other hand, does necessitate you filling out legal documents in as much detail as possible.
You'll also have to appear in court, where you'll have to prove that the defendant (or the person against whom you're filing the order) has done anything that warrants the protection order.
Here are the steps:
- To file, go to the courts or the district attorney's office.
- Please fill out the complaint completely, but don't sign it until you've seen a public notary or a court clerk.
- Complete the summons to assist the sheriff's office in locating your abuser.
- Make an application for an ex parte/temporary protection order.
- Participate in the hearing. After filing the complaint and summons, you will be assigned a date and time for your protection order hearing.
- Order extension or renewal (if needed). A protection order is valid for one year after it is issued. You can, however, request that the order be extended (or renewed).
What Happens After a Restraining Order Hearing?
So, how exactly is the order delivered to the respondent? The harassment protection order will be served on the harasser by the sheriff's office in the county where they live.
The court clerk will give the sheriff's office a copy of the order and instructions for serving it. Within 14 days of the harassment protection order being granted, the sheriff's office must serve the order on the harasser. It must also file documentation of service with the court clerk.
Filing a Restraining Order With the Help of DoNotPay
DoNotPay cannot create a restraining order for a user-only the courts can issue restraining orders. DoNotPay can help users file a restraining order request in their state:
- We can help you get the forms and documents you need.
- We can find the rules and relevant authorities in your state.
How to apply for a restraining order with the help of DoNotPay
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you’re done!
And that's it! DoNotPay will compile for you the forms you need to fill out and give you detailed instructions for how to file for a restraining order in your jurisdiction. Stay safe!
DoNotPay Works Across All Entities/Companies/Groups With a Single Click of a Button
DoNotPay can help you solve this issue with a variety of different companies. For example, DoNotPay can help with restraining orders in Florida the same way it could for California and Texas.
What Else is DoNotPay Capable Of?
One of the numerous issues DoNotPay may assist you with is filing a restraining order. Here is a list of other issues DoNotPay can help you solve:
- What happens if you violate a restraining order
- Stalking and Harassment
- Compensation for Victims of Crime
- Sue Anyone in Small Claims Court
- Create a Power of Attorney
- Standardized Legal Documents
- Neighbor Complaints
- Robocall Compensation
Have you been assaulted or threatened with harm? You may need to seek a restraining order. People obtain restraining orders for various reasons, most of which are related to their own or their dependents' safety. DoNotPay can help you stay safe by keeping your stalker or aggressor away from you and your family. Contact DoNotPay now!