File for a domestic violence restraining order will vary by state. In fact, each state has its own rules and requirements when it comes to filing for a protection order. If you think you need a domestic violence restraining order, consider these key points.
What is a Domestic Violence Restraining Order?
This is a legal order that’s issued by the Superior court. A domestic violence restraining order is intended to stop someone from hurting or harassing you. For example, the court may grant you a protection order if your former partner keeps showing up at your work, or bothering you on social media. If you have children, they can also be included in your restraining order.
Applying for a Restraining Order
In order to apply for a domestic violence restraining order, you will need to fill out a request.. The Superior court can provide you with the correct forms needed. If the person who is harassing you is a family member or if you were previously in a romantic relationship, you will need to file for a Domestic Violence Restraining Order. But anyone who is experiencing some form of abuse can apply for a restraining order. If the person abusing you is not a family member and you were never in a romantic relationship, you will need to file for a Civil Harassment Restraining Order.
This is what you’ll need to fill out to begin the process:
Application Form
The application is mainly your personal details as well as those of the person you’re filing a domestic violence restraining order against. It includes things like personal conduct orders, child custody and visitation orders, requests for release of cellular phone numbers, move-out orders, protection of pets, or other special conditions you would like the court to order.
Affidavit in Support
This sworn statement allows you to share your story and your reasons why you need a domestic violence restraining order. It’s important to be specific in detailing the harassment or abuse, as well as how it has impacted your life and well-being. Similarly, make note of any police involvement during these incidents, whether a criminal protective order was issued, and whether any weapons were used..
Notice of Proceeding
The court will then rule on your request and either 1) grant the restraining order in full; 2) grant the restraining order in part; or 3) deny the request for a restraining order. In any event the court will set the matter for a hearing to occur within 20 days. If the temporary restraining order was granted, it will expire on the date and time of the court date. The restrained party must be personally served with the request as well as the orders issued and a blank response. The county sheriff will personally serve the restrained party at no or little cost, or you can hire a professional process server to serve him or her.
What Does it Cost?
There are no court fees to file a restraining order, although there will be legal fees if you choose to hire an attorney. While it is possible to file for a protection order on your own, a family law attorney can offer invaluable guidance and support during this process.
Your Safety
It’s also relevant to note that domestic violence restraining orders are only able to put a stop to abuse if the individual adheres to the law. Even if you have an order that prohibits all contact, there’s no guarantee that they won’t cross that line. For this reason, it’s still important to have a safety plan in place.
Contact Us
For help with a domestic violence restraining order, contact us at Whipple, Mercado & Associates by calling (925) 344-5050. Schedule a free consultation today.