Can You File a Restraining Order Against a Parent

How to Obtain a Restraining Order Against a Parent

A restraining order is a court order that you can take to protect yourself or your child from being abused by another person. To take a restraining order against your parents, you must prove that they have been abusing you or your child. The law does not allow a parent to harm their child, and thus, a restraining order stops any parent who flouts the law.

You can take a ; however, the logistics of obtaining it from the court can be long and tedious. You have to provide documentation to prove your relationship with the parent, thus making it a complex process.

Fortunately, DoNotPay, through its restraining order product, helps you with the legal procedures to get your restraining order in a fast way. Read on to learn more.

What You Should Know About a Restraining Order

If your parent has been abusing you, you can take a restraining order against them. On the same note, if you are married and your male or female spouse abuses your child, you can take a restraining order to protect your children from them.

How Does a Restraining Order Work?

A judge normally issues a  to prevent your parent from inflicting harm on you or your child. A restraining order is typically issued after a criminal hearing involving domestic abuse harassment has been completed. A person who has obtained the restraining order is known as the protected, while the person who the restraining order is against is referred to as restrained. The judgment has to be in your favor to get a restraining order.

There are two types of restraining orders:

Permanent OrderIt is also known as a protective order, which starts immediately after the court hearing has ended and judgment has passed. These orders are enforced and last indefinitely.
Temporary OrderTemporary orders are valid when court orders have an expiration date, which can range between 5 days to 2 weeks. The purpose of a temporary hearing is to protect you from any form of contact or interaction with the accused until a full hearing is scheduled. Learn more about how restraining orders work with DoNotPay

How Do You Qualify for a Parent Restraining Order?

Whether you are obtaining a restraining order against your biological parent or your child's parent (spouse), you have to prove that:

  • You are related by blood or marriage
  • You have a child together
  • You have been dating the abuser
  • You are currently married, or you were married
  • At some point, you lived together

What Are the Sorts of Abuse to Show to Get a Restraining Order?

You must produce clear evidence that the abuser tried to inflict physical harm to you or your child. You can also show that the abuser put you or your child in imminent serious physical harm. If the abuser threatens you and your child by engaging in forced sexual affairs, you also deserve to go for a restraining order.

What Happens After a Restraining Order Hearing?

After a restraining order hearing is complete, protection is granted to the protected and becomes effective immediately after the order is issued by the judge. The person being protected is also sent a written copy of the decision after the hearing.

If the judge needs more time to reach their final decision, you are sent a notice that indicates the date as well as the time when the verdict will be made. Delaying judgment to a later day is referred to as reserving judgment.

Learn if You Can Appeal to Object a Judge's Order

If you are not contented with the judgment, you have room to appeal. Your case will be handled by a different judge and this time a senior judge than the previous one. Be aware that you must appeal quickly within the stipulated time by the judge. You might be required to pay a certain fee which the court will determine. Please be cautious before you decide to appeal: seeking an advocate's advice is advisable.

How to Request for a Restraining Order by Yourself

Follow these steps to obtain a parent restraining order:

  1. Fill out court forms and make at least five copies of them
  2. Fill your court forms with the court
  3. Serve the paper on the restrained person: they must have a copy of the forms you have filed with the court.
  4. Be ready and go to your court hearing
  5. After the court hearing, prepare a written order for the judge to sign; in some courts, it is prepared by the court clerk.

However, obtaining a court order on your own can be challenging, it involves filling out forms, scheduling, and waiting for the final judgment from the judge. You do not have to toil anymore since the DoNotPay restraining order product will help you get your restraining order faster and less involving way.

How to Request for a Restraining Order Using DoNotPay

Follow these 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!


Other Solutions DoNotPay Can Provide for You

You can't exhaust all the solutions that DoNotPay has in store for you. Some of them include obtaining a restraining order from California, Texas, and Florida. Other solutions include informing you what happens if you:

With DoNotPay, you don't need to pass all the constraints to obtain your restraining order. Join DoNotPay today to file a restraining order fast!

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