How to File For a Restraining Order for Harassment
Victims of harassment can get a to prevent the alleged abuser from approaching them. A restraining order is an order that forbids the offender from contacting the victim or engaging in any harmful behavior toward someone else. Unfortunately, many people have no idea how to get a restraining order. If someone is stalking you, attacking you, or threatening to harm you, DoNotPay is here to assist you in seeking a restraining order.
What Is a Restraining Order and How Does It Work?
Domestic violence includes harassment, stalking, and sexual assault. A restraining order, also known as a protection order, is a sort of court order granted by a judge to prevent someone from damaging another person. These orders are normally imposed after a criminal court case.
The most prevalent reason for a restraining order is to protect victims of domestic violence or abuse. An order can be issued against an identified and known individual, such as:
- A particular abusive individual with whom you have had a connection.
- Someone you've lived with or are currently living with and poses a threat.
- A particular family member causes duress.
An anonymous person, such as someone making harassing phone calls, cannot be issued a protective order. Protective orders are solely dependent on the claims or offenses committed by the culprit.
There are four different types of orders you may place:
- Order of protection for Civil Harassment
- Order of protection for Domestic Violence
- Order of protection for Elder or Dependent Adult Abuse
- Order of protection for Workplace Violence
Duration of Protective Orders
The term of a restraining order might vary greatly. They typically run for one year, with extensions allowed in exceptional circumstances. Protective orders can be issued for up to 3 years in certain states, but only for 90 days in others. Ohio has approved a bill that makes a protection order last for five years, making it the longest in the US.
Protective orders are also subject to a wide range of violations. Although most states only impose a maximum one-year penalty and a $1,000 fine for breaching a protection order, governments often impose obligatory prison time.
Informing Law Enforcement
Protective orders must be transmitted to local law enforcement authorities in almost every state. Twelve states have set a deadline of 48 hours for broadcast. A few states have established statewide registers or information systems to keep track of current protective orders.
The use of the Internet allows for quick access to statewide registrations. In Iowa, for example, certified copies of protection orders must be sent to law enforcement authorities within 6 hours of their issue.
Obtaining a Restraining Order
To get a restraining order, you must first complete an application form and various additional papers and documents, which you or your lawyer must then sign. The next step is to present your application form to support your local District Court documentation.
You'll need to fill out the following paperwork:
- Application form – Here, you will provide information about yourself and the harasser, as well as the length of time you want the restraining order to be in effect and any specific restrictions you wish to be included in the order.
- Affidavit in support – This is a sworn statement in which you explain your narrative and present all the facts that support your belief that a restraining order should be issued. This includes explaining each individual instance of harassment, how it made you feel, and any interaction you've had with the authorities as a result of it.
- Notice of proceeding – The harasser will be notified that you have filed a restraining order against them. This notification, together with a copy of the application form and your affidavit, will be sent to the harasser by the District Court. The notification also outlines how the harasser might defend your application and how to go about doing so.
What Happens After a Restraining Order Hearing
The Court Registrar will establish a date for a judge to convene a court hearing to handle your restraining order application as soon as possible after you file it. The time and date of the hearing will be communicated to you and the other party.
File a Restraining Order With the Help of DoNotPay
Whenever you are unsure of how to file a restraining order, DoNotPay is here to help you in 3 easy steps:
- 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 thorough instructions for how to file for a restraining order in your jurisdiction.
DoNotPay Works Across All Companies, Entities, and Groups With the Click of a Button
DoNotPay is a service provider with multiple consumer services. We can help you file for a restraining order in Florida the same way we can in Texas and California.
To find out your state's laws , check out the following guides from DoNotPay:
What Else Can DoNotPay Do?
DoNotPay can help you:
- Sue in small claim courts
- Get standardized legal documents
- File complaints against neighbors
- Take retaliation against robocalls
Reach out to us at DoNotPay today. We are here for you!