What to Say In Court for a Restraining Order

File a Restraining Order What to Say In Court for a Restraining Order

What to Say In Court for a Restraining Order

Going to court to ask for a restraining order is your top priority right now if you have a person in your life who's been stalking you or making threats. While it may be scary to deal with legal issues like restraining orders, you need available resources to help you get one in a hurry if needed.

Going about getting a restraining order on your own is often a lengthy process that might take too much time you don't have. Part of that is sending a form to your jurisdiction to get the order process going. We can make that go faster using our DoNotPay app.

What Is a Restraining Order and How Does It Work?

A restraining order is a temporary court order to help prevent an individual from taking action against you or another individual. It usually means having to get another restraining order at a later time if said individual is still stalking you or causing abuse and harassment.

Some types of restraining orders you should know about include:

Personal Conduct Orders:This is a restraining order that prevents a person from acting out abusive behaviors on you.
Stay-Away Orders:These are designed to prevent someone from stalking or harassing you.
Residence Exclusion:A restraining order that excludes a person from your household if they've been physically or mentally abusing you.
Emergency/Temporary Orders:They're available to use before a trial might take place with the abusive person in question.

Many variations of abuse and harassment exist, though these restraining order types are important to know if you seek one from your local courts. It's also essential to know what to say in court to make sure you get the restraining order you need.

First, Check Your State's Restraining Order Laws

What do you need to know in your state to assure you say the right thing in court?

Here are some things you might want to know about restraining orders in a few prominent states:

  • Did you know California has four different types of restraining orders to protect from domestic violence, elder abuse, civil harassment, and workplace violence?
  • A restraining order can often last up to five years. In the state of New York, for instance, a judge can issue that order for up to five years if aggravating circumstances are at play.
  • Violating a restraining order usually means civil and criminal penalties. In the state of Oregon, as an example, the offender can get up to six months in jail, plus a fine of $500, or 1% of their annual income.
  • In California, you can file a restraining order if you're 12 or older. In other states, however, that age varies, including whether a minor is emancipated or not.

Tips for Speaking to a Judge

Be sure to speak truthfully and with detail. Don’t exaggerate anything. When the judge asks you yes-or-no questions, be sure to answer clearly. Don’t shake your head or murmur “mmm-hmm.”

How to File a Request for a Restraining Order

To start the legal process of obtaining your restraining order, you need to visit your local court clerk and pick up an application. These forms are what you fill out to file your order.

Turn those forms to your court clerk. They'll hand the paperwork over to the judge who may ask to see you.

From that point, you'll be asked to have a hearing in front of the judge. In most states, this works uniformly, but be sure to check your state laws. All require you to bring evidence of any abuse or harassment you face. You're also allowed a support person to go with you to court. Also, know there usually isn't a charge for restraining orders of abuse.

Get a Restraining Order Faster Using DoNotPay

The real key to getting a restraining order fast is knowing what to say in the forms you submit. We can help you make this work more effectively using our app and these three 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!

     

And that's it. DoNotPay compiles the forms you need to fill out and gives you detailed instructions on how to file for a restraining order in your jurisdiction. Stay safe.

DoNotPay Works Across Multiple Companies at the Click of a Button

We can help you solve issues with numerous companies. However, we're especially proud of helping you be able to get the forms you need to court so you get the restraining order necessary for your own safety.

Some particular states where we can help you get those orders, including:

  1. California
  2. Texas
  3. Florida

In addition, we'll help show you:

What Else Can DoNotPay Do for You?

Not only do we help with restraining orders, but we're also a leading digital source in solving any legal issue. We're here to help with everything from small claims court lawsuits to filing complaints with major corporations. Visit us today to find out more about our app's features.

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