how to get a restraining order without a lawyer

Unlike some legal processes, you can easily obtain a protective order without an attorney. Here's how. Restraining Order Step 1. From your state court's website, or the local branch, obtain a petition for a restraining order and an affidavit.

Full Answer

Do I need an attorney for a restraining order?

Moral of the story – based on your facts, you may not need a restraining order of protection attorney/lawyer. Nevertheless, it is always best practice to speak with an experienced lawyer before blindly walking into an unknown legal process.

What kind of lawyer do you need to fight a restraining order?

If you want to fight the order, you will probably need an attorney. Depending on your circumstances, such as if children are involved, you may want a specific type of attorney, such as one who practices family law. A restraining order is a tool used by the court to keep people away from certain places or certain people.

Do you need a lawyer at a restraining order hearing?

Restraining orders are common in divorce and custody cases, if your situation revolves around these issues, a family attorney might be more helpful because they will be able to help with the other aspects of your case. If the restraining order is from a domestic violence or other type of criminal case, a criminal attorney would be more appropriate.

How long do you have to serve someone a restraining order?

Restraining orders typically need to be served five court days before the hearing date. Court days are not your normal calendar days. For a court day calculator click here. You can request to have this requirement waived when you file for the restraining order.

How much does a restraining order cost in New Jersey?

There is no fee to file for a restraining order or to have it served. You do not need a lawyer to file for an order but it is generally better to have one if you can, especially if the abuser has an attorney. In many places, local domestic violence or sexual assault programs can help you file for a restraining order.

Does it cost money to file a restraining order in California?

Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).

What type of proof do I need to support a restraining order?

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

What proof do you need for a restraining order in California?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

What is a restraining order?

A Restraining Order, also known as an Order of Protection, is a civil order issued by a court that is designed to protect you from being harmed, abused or harassed by an abuser. It can also keep an abuser from the scene of domestic violence, which may include your home or where you work.

How long does a restraining order last?

Once filed, a restraining order is effective upon completion of the judge?s signature and lasts until the court date, which usually occurs a few weeks from the filing date.

How long do you have to file a criminal charge?

In most states you have at least a year after any incident to file criminal charges. If the abuser is found guilty of the charges, the court can impose punishment in the form of fines, probation, or even jail. If you would like assistance in filing an Order of Protection, please contact the Law Office of Barbara Sherer.

Why do police arrest abusers?

The police will arrest an abuser who violates any part of the order in place to protect you from threats or harm. By carrying your order with you at all times, it will be easier for the police to validate the order and understand your current situation.

Who is the enforcer of a restraining order?

The person who requested the restraining order is the enforcer of the order. Do not allow the abuser access to your home or workplace and never accept phone calls. All violations of the restraining order must be reported to the police immediately.

Do you have to attend a hearing to get a restraining order?

The person who is requesting the restraining order must attend the initial hearing, even though the abuser may not yet have notice of the proceeding . You will appear before a judge on an assigned court date, or the same day you file the Petition depending on the jurisdiction, and you will have the opportunity to outline your situation to ...

What is a restraining order?

A restraining order is a type of court order that instructs an individual to abide by certain conditions. It may also direct the individual to refrain from doing certain acts. A restraining order is issued by a judge and is therefore enforceable according to various state laws. Violations of court-issued restraining orders can lead ...

What are the consequences of a restraining order?

Most restraining orders, or “protection orders”, are issued in relation to incidences of domestic abuse, domestic violence, stalking, harassment, or neighborly disputes. Parents and guardians may often request for a restraining order on behalf ...

What happens if you violate a no contact order?

Violations of a court-issued no-contact order can result in the following consequences: Criminal penalties for the person in violation, such as fines, loss of civil rights, and possible jail or prison time. Enforcement of a stricter restraining order.

What is a no contact provision?

Requiring the children of the offender to be removed from the jurisdiction. Thus, the no-contact provisions provide the victim with a “space” wherein they can be free from contact with the offender.

What are the requirements for a no contact order?

Some common requirements in connection with no-contact orders may include: Not allowing the person to come within a certain distance of the victim (such as 10 feet or 100 yards) Not allowing the offender to communicate with the victim via phone, e-mail, postal mail, text, online chat, or other types of communication.

What is not allowing the offender to communicate with the victim?

Not allowing the offender to communicate with the victim via phone, e-mail, postal mail, text, online chat, or other types of communication. Not allowing the offender to enter the victim’s family home or residence. Not allowing the offender to possess or purchase a firearm.

Can a parent request a restraining order?

Parents and guardians may often request for a restraining order on behalf of a child or minor. Restraining orders can come in a variety of forms, such as permanent orders or temporary restraining orders.

What happens if a petitioner asks for a restraining order?

If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.)

What is a restraining order?

Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order. Most restraining orders are issued in connection with domestic violence or conflict in intimate or family relationships, ...

What happens if you violate a temporary restraining order?

If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order. If you and the petitioner have children together, the temporary restraining order may tell you not ...

What is a temporary restraining order?

A temporary restraining order in a domestic violence situation can restrict contact with the petitioner, as well as child visitation. A hearing for a permanent order usually follows soon. It's essential to obey the temporary order and obtain legal counsel

What happens if a petitioner accuses you of texting?

If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.

How long does it take to get a permanent order?

These hearings, to which the respondent receives notice, are usually set quickly, so you may have only a week or ten days to make decisions and prepare for the hearing.

Can you be charged with a crime for violating a restraining order?

Once a restraining order is entered, you can be charged with a crime if the protected party accuses you of violating the order. If a permanent order is issued, you will be prohibited from possessing a firearm while the order is in effect, and the order will show up on background checks.

What to do if you think someone violated a restraining order?

Call the police. If you think the abuser has violated the restraining order, then you should contact the police and tell them. In particular, you should call the police if the abuser tries to contact you. The police can enforce any “no contact” provision in the restraining order by picking up the abuser.

What to do if the police do not enforce a temporary restraining order?

If the police do not, then you should bring the violation to the court’s attention. You may have to file some sort of a motion with the court. However, you should stop into the court clerk’s office and ask how you can inform the judge that the abuser violated the temporary restraining order.

How long does a restraining order last?

Some restraining orders may last indefinitely. However, the restraining order may also be for a set period of time, e.g., one year. If the order is good for one year, then you should contact the court before the year is up and apply to have the order extended.

How to prove a violent episode?

1. Document any physical abuse. If possible, you should have evidence of any physical violence you have suffered. Although it might be difficult to think clearly after a violent episode, you should gather the following evidence, which could be helpful for your case: Photographs of bruises or cuts on your face or body.

What to look for when you are harassed?

Look for the following: Threatening communications, such as letters, emails, notes, or phone messages. Any evidence that a person is stalking you, including videotape or photographic evidence.

Can you get a temporary restraining order?

You don’t have to put up with abuse. If you’ve been harmed or harassed, then you can seek legal protection by getting a temporary restraining order. Courts typically grant restraining orders when a person is the victim of domestic violence.

Can you have witnesses testify on your behalf?

You can have witnesses testify on your behalf. Be sure to tell the witnesses the date and time, as well as the location, of the hearing. Witnesses can also testify by affidavit. An affidavit is a sworn statement. Typically, you should have included an affidavit with your original petition for a restraining order.

How to file a restraining order without address?

How to File a Restraining Order Without an Address. If you fear that someone you live with, the other parent of your child, or someone you have dated may physically harm you or your children, you can file a restraining order. If you don't know where the abuser lives, do not let this hamper you from protecting yourself and your children.

Who decides whether to grant a restraining order or dismiss a case?

The judge will decide whether to grant you a restraining order or dismiss your case. The fact that you do not know where the abuser lives has no bearing on the judge's decision.

What to do if you don't know where the abuser lives?

If you don't know where the abuser lives, do not let this hamper you from protecting yourself and your children. The court can still proceed with the restraining-order hearing even if you don't know how to contact the abuser. Visit the courthouse in the county where you live or where the abuse took place. Ask the clerk to help you fill out ...

What to do if someone witnessed a child abuse case?

If anyone witnessed the abuse, ask them if they would be willing to testify at the hearing. Attend the hearing. Bring your evidence with you. If your abuser does not show up, the judge is likely to give you a permanent restraining order, but you must have evidence supporting your claims in either case.

What happens if you don't file a lawsuit?

If you do not, the judge may dismiss your case. Writer Bio. Jack Ori has been a writer since 2009. He has worked with clients in the legal, financial and nonprofit industries, as well as contributed self-help articles to various publications.

What happens if you don't attend a hearing?

If you do not, the judge may dismiss your case. Make sure you attend your hearing. If you do not, the judge may dismiss your case. Jack Ori has been a writer since 2009. He has worked with clients in the legal, financial and nonprofit industries, as well as contributed self-help articles to various publications.