by Martha Leonard

Created on: October 26, 2009   Last Updated: December 07, 2009

Getting a restraining order is a legal process involving a court hearing. A lawyer isn't necessary, but the process can be intimidating.

Definitions

A restraining order (also called protection order) is a legal document issued by a court to prevent contact or communication between two or more people. It is designed to protect a person from threats of/or injury from another person.

A temporary, emergency restraining order is called an ex parte order. A permanent order always requires a hearing.

* People involved

A person who requests a restraining order is called the applicant or petitioner. The applicant is anyone who has been harmed or threatened by another person and has reason to believe they are in danger. A parent can include children as applicants and request custody in the order.

The one against whom the restraining order is issued is called the respondent or defendant. An order can be requested against a family member, anyone who lives in the household or even someone of a dating relationship.

* Application process

1. Obtain the correct application forms for a restraining order from a court clerk, local domestic violence program, a legal services office or local law enforcement. The applicant may need: (a) a picture ID of him/herself; (b) the address where the respondent lives or works, c) evidence of previous incidents such as police reports, case numbers, if available.

2. Complete and return the forms for a restraining order to the court clerk. There may be a requirement for the applicant to sign the forms in front of the clerk or a notary.

3. A judge reviews the application for the restraining order for decision. This part of the process may take a few hours. The applicant may wait or leave contact information with the clerk. After review, the judge will make the decision on an ex parte or temporary restraining order. The clerk stamps and gives the order to the applicant with a date for a hearing. The applicant should keep the court order with him/her at all times.

4. The restraining order must be delivered to the respondent within a certain amount of time. The court clerk, a legal aid or victim advocate may make the arrangements or the applicant may take the order to local law enforcement for delivery. The applicant should receive a return of service or similar notice that the delivery has occurred.

5. At this point, the restraining order is temporary. The applicant must attend the hearing, face the respondent and testify as to why the order should be made permanent.

* Getting help

Procedures for restraining orders vary from state to state. Most towns have social service or legal aid agencies that are knowledgeable about them. One may find these agencies in the Yellow Pages or listed in front of the phone book. Other avenues include the local library, ministers of local churches or local law enforcement. Web sites may also offer additional resources.

Requesting a restraining order can be a scary, not to mention an emotional process. There are many organizations that provide free or low-cost help for those in need of protective services. Using those services can make the process much easier.

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