Protect Yourself: 3 Primary Tips To Help You Successfully Attain A Restraining Order
A restraining order is for people who want to keep themselves
out of threatening circumstances that may involve abuse, harassment or
stalking. If somebody you know, or even yourself, has chosen
to file for a restraining order against a harasser, stalker or abuser,
you may be wondering how much evidence you need to bring to court in
order for the judge to grant it to you.
If you need a restraining order, there are things you must do to prove
you need an order of protection from the party.
- You must prove that you were a victim of harassment or domestic abuse.
- You must request what the restraining order should cover: places for
the protection, turning over of firearms, continued payments for child
support or mortgage payments, etc.
3 Tips To Help You To
Attain A Restraining Order
1 – Learn How The Law Defines Stalking, Abuse or Harassment
Each state defines abuse, stalking and harassment differently. So, be
sure you learn what your state’s definition is. Find out, before filing
the petition, what will be covered in the restraining order. You have
several ways to learn about this area of the law:
- Talk to someone at an abuse hotline
- Talk to the local police department
- Talk with someone in circuit court
- Talk to a family law attorney
2 – Get Your Story Straight About The Incidences
After you learn about the law, you’ll know if the situation you are in
will be noted as stalking, harassment or domestic abuse. From here, you
need to get the information together to share with the court. Write
everything down – kinds of violence, how often it occurs, most recent
event, etc. Go over the evidence with someone to get some practice
about how you’ll describe this to the court.
Remember, your story is imperative to being issued a restraining order.
Talk to a family law attorney if you’re nervous or not sure what you
should share with the court. Don’t know of any attorneys? Call your
city’s court system or the domestic abuse hotline to get a list of
local family law attorneys. Some attorneys will offer clients a
reduction in legal fees.
3 – Get Evidence Together
It’s possible to get a restraining order without any evidence. However,
evidence can definitely help prove your case. There are three kinds of
evidence that can be brought to court:
- Testimony – If anybody you know has witnessed the events – big or
small – these folks can testify on your behalf in court.
- Pictures – A picture can speak a thousand words. If you have any, be
sure to bring it to court and enter it into evidence.
- Legal Records – Bring all police reports, 911 phone call tapes or
copies of previous criminal records of the abuser, harasser or stalker.
If you’re unable to get access to these things, talk to either a family
law lawyer or a domestic abuse organization.
However, of everything that’s most important in your securing a
restraining order, your honest testimony is the most important. It can
be extremely difficult and emotionally exhausting to testify in front
of the person you are accusing.
If you’re unable to handle this process alone, that’s okay! Hire a
family law attorney to help you through the restraining order process.