Article: You need to visit the courthouse in your county. You may also need one from the other party's county or the county where the abuse took place. You need to ask the clerk at the courthouse for a request form for the type of restraining order you wish to file. Some areas have these forms on the state website. In this case, you can print the forms out and have them ready when you go to the courthouse. involved. Though a lawyer is not required to file a restraining order, you may want to talk with one if you have extra questions about your situation. You should also talk with a lawyer if you find the whole process very confusing. The lawyer can help you fill out the required forms and advise you on what type is needed. You may have questions but don't want to or can't afford a lawyer. In this case, ask for help from your local court staff or an advocate. They may be able to answer your questions. You can call a domestic violence hotline to ask about your options. In some cases, the organization connected with the hotline, such as the National Domestic Violence Hotline, can get a lawyer for you. You will have to fill out a petition for a restraining order. You will also have an affidavit that explains the events that caused you to file the order. This includes all abusive or threatening behavior acted against you or your children. You will need to provide information about the other party's looks and his home and work address. You will also need to bring medical records or police reports that detail any abuse the abuser inflicted on you or your children. After filing, you will get information about your court hearing. This usually takes one to two days, depending on your state. The hearing is usually scheduled within two weeks of you filing the paperwork. If you asked for an emergency restraining order, the hearing will take place as soon as possible. This is usually within a week. In some states you may request not to have a hearing. A judge can still order one and you have to attend. If you don't wish to have a hearing, your order can be limited. In these cases, the judge can order an abuser to leave the home if you live together. The judge can also ask the abuser to cease threatening their spouse or children. In this situation, the order can require little else. The restraining order is not in effect until the abuser is handed the restraining order papers. You may not give the abuser the papers yourself. If you don't know where the abuser is, special forms must be filled out to explain. You can choose to ask someone over eighteen who is not protected under the order to give your abuser the papers. You can also hire a courier service to do it. You can find a process server by looking in the phone book or an online phone directory. If personal service is required in your state, you will need to have the County Sheriff or a process server give the abuser the papers. When giving the papers this way, the Clerk's Office or the Court will take care the situation. There may be a fee. Call the County Clerk or the Sheriff's Office in your area for more details. In many states, you can give papers to someone by publication. This is only when you cannot locate them. You publish something specified by the court in the newspaper for a certain amount of time. Even if the defendant does not see it, they have been served. You will need to give testimony supporting your request in front of a judge. You may ask for specific protections at the hearing depending on your situation. Bring evidence to support your claims. This includes any medical or police records and pictures. The abuser is also offered the opportunity to give their side of the story. If the abuser does not show up to the hearing, the restraining order is usually granted. When you attend your hearing, dress nicely and remain calm. Do not yell or show any anger, even if you are angry or upset. This will not help you get a restraining order. Pay attention to how you talk to the judge. You have to go to the hearing or the process will be delayed. You may have a lawyer present at your hearing, but it isn't mandatory. The judge will usually decide whether to issue the restraining order the same day as the hearing. If your request is granted, the judge will issue a restraining order that can last up to five years. It describes the rights your receive with the order. It also explains the limitations imposed upon the other person.
What is a summary of what this article is about?
Obtain the proper forms. Get a lawyer Complete the forms. Receive a court hearing. Serve the court order to the abuser. Attend the court hearing. Receive the judge's decision.