How Can I File a Restraining Order Against My Roommate?
One of the worst situations you can find yourself in is when somebody inflicts emotional, physical, and mental distress on you. It's even worse when it is the very person you share a house with. Then it becomes unavoidable.
When this happens, you have the option of moving away and distancing yourself from the individual. But sometimes, this may not be enough. Chances are, the person will stalk you and persist with the abuse. Well, you can endure years of suffering, or you can hit them with a restraining order and let the law intervene.
Sounds simple enough, right? Well, not quite.
If you are only doing it for the first time, can be daunting. Most people don't know where to start or what steps to take. And even if you do, it can take months before you get the restraining order to pass. If this is you, you can quit stressing because DoNotPay is here to ensure that you get the security you deserve as fast as possible.
What Is a Restraining Order and How Does It Work?
A restraining order is a particular order issued by a judge. It states that the person the restraining order is filed against is not allowed to come within a certain distance from the party filing the order.
Often they are issued at the end of criminal proceedings to prevent someone from causing harm to someone else (more so in situations involving domestic violence, harassment, stalking, or sexual assault). The restraining order will usually:
- Demand that the offender does not get in direct or indirect contact with the victim
- Demand that the offender keep away from a property or premises
- Demand that the offender keeps a certain distance from someone
So how does a restraining order work then, you ask?
The main point of a restraining order is to discourage the abusive party from approaching the one filing the complaint by establishing layers of legal penalties. With the fear of facing legal consequences, one would think twice before getting close to their accuser. At the same time, if they violate the restraining order, specific legal actions will be taken against them.
Who Can the Restraining Order Be Issued Against
It is important to note that a restraining order cannot be made against an anonymous person. Therefore, this means that you cannot file a case against just anyone you suspect is harassing you through phone calls.
Instead, the order can be issued against any one of the following:
- A person you have had a relationship with that has turned out abusive
- A member of the family
- An individual that you have shared a house with and poses as a threat
At DoNotPay, we believe that each individual should have the right to decide how to live their lives without fearing emotional, physical, and mental abuse. By filing a restraining order through us, you get peace of mind, knowing there's a barrier between you and your abuser.
What Happens After a Restraining Order Hearing?
Once a restraining order is issued, it remains valid for a certain stated period. The order's length depends on the case and the evidence presented to the judge (typically one to five years).
Judges from some states tend to review some cases after 12 months to check if it is still necessary to maintain the restraining order. Still, restraining orders should never be violated unless rescinded by a court.
How to Obtain a Restraining Order on Your Own
The acquisition order of a restraining order has been set up to ensure that only those who are genuinely in need can access them. If you are intent on doing it on your own, you'll need to follow a few fundamental steps:
- Fill out necessary legal forms, including confidential CLETS information, request for order, and temporary restraining order ( you might have to fill in some more documents if you have children)
- File the forms with the court
- Judge reviews case within 24 hours
- Attend a temporary protection hearing
- The judge will determine if the case is valid
- And if it all checks out, the restraining order takes immediate effect
While we've narrowed it down to just a few steps, the actual process of obtaining a restraining order is quite cumbersome, involving a ton of paperwork. You'll likely have to come back to court over and over to prove your case. Also, if you decide to be on your own, you should be mentally prepared to face your abuser in person.
But all this mental distress can be avoided if you leave it to DoNotPay. We will step in and handle everything, so you don't have to.
How DoNotPay Can Help File for a Restraining Order
DoNotPay has been specially designed to help people get a restraining order as fast as possible. Our primary aim is to help avoid the frustration and trauma victims go through during the process.
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.
Using our streamlined application process, DoNotPay will file and merge the forms for you and then give you detailed instructions on filing for a restraining order in your area.
How Restraining Order Laws Work in Other States
Restraining Order Laws differ in every state regarding how long a restraining order lasts or how much it costs to file one. To know more about how it works in other states, check out the table below.
What Else Can DoNotPay Help With?
At DoNotPay, we dedicate all our effort and resources to ensuring that helpless victims get justice and feel safe. We always strive to make sure that you get a satisfactory outcome at the end.
We shall help provide answers to any questions you may have, including:
- When can a restraining order be filed
- What proof do you need when filing for a restraining order
- How much does it cost when filing for a restraining order
But helping with restraining orders is only a fraction of what we do. Additionally, we offer help making other applications, including:
- File police report
- Appealing for parking tickets
- Recalls
- Military protection
- Fighting price gouging
- Revocable living trust
We at DoNotPay understand the first-hand difficulties encountered by victims of abuse. That is why we are dedicated to fast-tracking any process required to acquire a restraining order. So, sit back, and let us take care of it.