How to Get an Emergency Restraining Order Online

Across the country, there are situations between two or more people happening when their safety is questioned. In many of these cases, there is a need for an emergency restraining order so that the person who is acting in a threatening manner is forced to stay too far away from the person enacting the restraining order.

If you think that you need an emergency restraining order in your state, keep reading to know if there is a cost, the evidence required, and what kind of restraining order is available to request with the help of DoNotPay.

What Is an Emergency Restraining Order? 

Compared to a standard restraining order, there is an emergency restraining order that can often be filed and is put into place almost immediately. This restraining order usually follows a big event, where someone has gone through a threatening or violent event with the other person. All restraining orders are filed with your local or state court system.  Keep in mind the emergency restraining order is temporary and can lead to a more permanent restraining order. 

What Does the Order Restrain?

Once the emergency restraining order is in place, the person against who the order is against will have to keep a legal distance from the person requesting it. They will not be able to go onto their property, visit their place of work, or the school where children are attending. If they live with the other person, that person will be required to move out and find another place to stay. 

Reasons to Get a Restraining Order

If you have experienced one of the following in the last 24-48 hours, it may be time to request an emergency restraining order:

• Physical Abuse
• Sexual Abuse
• Elder Abuse
• Property destroyed by vandalism
• Have been threatened with death threats
• Attacked one or more persons in the home

If one or more of these reasons apply to your case, you are eligible for and should look into getting an emergency restraining order right away. 

Are There Different Kinds of Restraining Orders? 

There are a variety of restraining orders:

1. Temporary Restraining Order
2. Emergency Restraining Order
3. Restraining Order Following the Hearing
4. Domestic Violence Restraining Order
5. Workplace Violence Prevention Restraining Order
6. Juvenile Restraining Order

While these can vary in different states, these are the most commonly found throughout the country. 

What Happens if You Violate a Restraining Order?

If you have gone through a restraining order hearing and it has been awarded, there are consequences that you can face. Once it has been fully approved, it will go into effect as soon as you leave the court. If you are the party that the order is placed against, you will be given a list of  the following:

1. Locations that you cannot physically visit
2. A foot distance to keep at all times from the other person
3. Eviction papers if you are residing with the other person
4. No contact order of any kind to include text, phone, or social media

If you violate the restraining order, you could face several consequences of serving criminal time and/or fines to the court. Other rights you have could be stripped away, such as a driver's license as a consequence. 

Will I Have a Hearing Following My Application for the Emergency Restraining Order?

Absolutely, you can expect to have a hearing in the next day or two after filing an emergency restraining order against the other party. If the restraining order is an emergency, this may not be a full hearing, but a judge will review it to determine the accuracy of the restraining order and apply it to your case.

You can expect a more in-depth court case often within two weeks of applying for an emergency order. At that time, you and the other party must be present to discuss the terms of the case. Legal representation is recommended so that you have a stronger case of getting the order approved.

Is There an Easier Way to Get an Emergency Restraining Order?

Follow the steps below to get help with DoNotPay:

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! 

Restraining Orders Can Vary From State to State

Depending on where you reside and the other party, restraining orders can vary. Different terms can constitute whether or not you should apply for a restraining order or what type of restraining order you get can be different. The process of applying for a restraining order also varies by state.

DoNotPay has compiled a guide for the following:

Is There Anything Else DoNotPay Can Do For Me?

In addition to helping you request an emergency restraining order, DoNotPay can assist you with other areas of your life in the legal realm.

• Get assistance with filing a lawsuit through small claims court.
• If you have a complaint regarding your neighbor, make sure it gets to the appropriate place.
• You can make a request to update your power of attorney.

DoNotPay is here to assist you with tasks that impact you legally and in other areas, making it easy and efficient.