How to Get a Restraining Order?

File a Restraining Order How to Get a Restraining Order?

How to Get a Restraining Order Fast

Restraining orders help deal with aggressive people who continue stalking us, contacting us, harming us, or our property despite how much we try to warn them to stay away. Just imagine having to deal with your stalker or ex-partner all the time? It can be very frustrating and even lead to eventual psychological and mental complications. That's why the law has to intervene to protect you from such people.

But most people don't know most bits about restraining orders, and that's why they keep suffering at the hands of their offenders. They don't know when to file for a restraining order, how much it costs to get one, and what proof is needed to obtain a restraining order.

That's why DoNotPay is here to help with everything about restraining orders.

This article looks at everything you need to know about getting a restraining order and how DoNotPay can be of use to you. Let's get into it. Whether you are in Texas, California, Florida, or any other state, here's how to conveniently get a restraining order on someone using DoNotPay. Let's get into it!

What's a Restraining Order and How Does It Work?

In its most literal definition, a restraining order restricts one party, the offender or aggressor, from contacting, going near another, the victim, or their property. It's a civil court order issued and signed by a judge to bar an offender from getting within a specified distance of the victim or their property or contacting the victim.

The order is issued upon a complaint by the victim about the offending party's abuse, harassment, domestic violence, stalking, or sexual assault, which is probable to harm the victim if the order isn't issued. Also referred to as a protective order, a restraining order can also protect objects, businesses, properties, companies, states, countries, and the people against situations causing apparent harm.

Types of Restraining Orders

There are 4 main types of protective orders, each serving a unique purpose. Let's have a look.

Types of Protective OrdersUsed When:
Personal Conduct OrdersSomeone has abused you and you either have a close relationship with the person or are related to the person.
Stay-Away OrdersYou are 65 years and older OR between the ages of 18-64 and have a disability that prevents you from protecting yourself AND is a victim of neglect or financial, mental, emotional, and physical abuse.
Residence Exclusion OrdersSomeone you are not close to has harassed, stalked, abused, and/or threatened you.
Emergency or Temporary OrdersThese orders are short-term injunctions or preventive orders the judge gives as the requestor awaits trial. A temporary restrictive order is issued after convincing the judge that the abuser will harm the victim if the order isn't given.

What Do I Need to Ask For a Restraining Order?

To file and obtain a restraining order, you must show that you are directly related to the abuser or aggressor. Also, you need to prove beyond doubt that they are likely to cause or have caused you harm through stalking, harassment, aggressive behavior, insulting language, or threats. You must prove that without the order, the abuser will harm you.

You can request a restraining order against:

  1. A spouse or a person with whom you divorced
  2. A person you're related to by blood or adoption
  3. Sexual or ex-sexual partner
  4. An in-law or ex-in-law, or
  5. An individual you live with or with whom you used to live

How to Get a Restraining Order by Yourself

Once you meet the qualifications for a restraining order, it's important to ensure it's the right option for you, especially if it's due to a matter of domestic violence involving close family members and partners. After making your decision, gather all the evidence of abuse, and you're good to get your restraining order with these procedures.

  1. Fill Out Your Court Forms

Prepare to file the following:

  • A temporary restraining form petition
  • Restraining order forms
  • Court's local forms to book and schedule a hearing.

Make sure you at least make 5 copies of all your forms and have them reviewed by your lawyer or a local self-help center to ensure you filled everything out correctly. All this paperwork will go to the restrained person. It's advisable not to reveal your address for safety purposes.

  1. File Your Court Forms With the Court

You will take the forms to the court clerk and find out if the judge issued a temporary restraining order. You can ask for a temporary order if the judge doesn't offer one. You will then fill your forms once the judge signs the order. The clerk will keep the original and give 5 copies.

  1. Serve Your Papers on the Restrained Individual or Your Abuser

You need to serve the papers before the deadline indicated on the order by the judge.

  • Have someone physically, NOT BY MAIL, serve the offending party a copy of the order and the papers you filed
  • File your Proof of Personal Service and file it with the court. Always remember to keep a copy for yourself.
  • Attend your court hearing for the judge's decision. Your next course of action depends on the court's ruling.
  • After the court hearing and if the judge issues the restraining order, review it and fill it appropriately for the judge to sign. You can also ask the clerk or seek help on how to fill the restraining order for you if the court clerk doesn't do it.

Don't hesitate to involve an attorney or other parties at the court for help with requesting and obtaining a restraining order.

Here's How to Get a Restraining Order With DoNotPay

The above procedure is long and complicated, especially since the requirements vary among states. But, you shouldn't have to worry. You can get your restraining order using DoNotPay in 3 simple steps:

  1. Search for relationship protection on DoNotPay. 
  2. Answer a few easy questions on our File a Restraining Order product. 
  3. Submit the form and you’re done! 

DoNotPay compiles the necessary forms to file and obtain your restraining order. With DoNotPay, you can easily know how long a restraining order lasts and what happens when you violate a restraining order.

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