People tell me to get a restraining order...?

Question

I have a neighbour who is stalking me and harrassing me. If i want to get a restrainning order against him. Do i have to go to court for it or can a regular cop do it ?

Answer 1

You can file a report with the police regarding the harrassment which will then put it on file, but it does not result in the issuance of a restarining order. To obtain one you must go to your courthouse and obatin the forms and tell them why you need one. You must show more than one instance of harm to you or a 'future threat of harm' in order for the restarining to be issued. If the judge feels there's enough evidence to issue one,a temporary order will be issued and then you will be given a hearing date for you and the restrained person to present evidence to the Judge about 'why' or 'why not' an order should issue to restrain that person from you. Good luck.

Answer 2

You have to file the restrainer at the courthouse.Then you go before a judge who decides if he or she is going to sign it. If the judge signs it then you have to make copies for each law enforcement agency and the person you are getting the TRO on and have them "served". The law enforcement agencys you can deliver yourself but the person you are getting the TRO on has to be served by someone else who is over 21. They will sign a paper stateing they served the papers. Then you will take that and file it at the courthouse.You will be given a court date make sure you go to it since the person who you are filing against will be there to fight your claim against them. Once all the papers are served the TRO is in effect until the court date,where the judge will decide to extend or not to extend it. One other thing,although you don't need documentation of the facts you are presenting to the judge it does make a big difference in the judges decision if you do have something to support your allegations.Maybe you should take your "friends" with you to court as witnesses and/or have records of police reports.

Answer 3

I am sure it is not the same in every state. In general, for a restraining order, you need documentation fo some kind, such as an arrest, police report(s), lists of phone calls, comments made, & other items you keep track of yourself. And keep it real. If you are not sure he did a particular event, do not automattically say he did.

In other words, like any other court proceding, the more evidence you have, the better your chances of receiving your order.

Answer 4

First point of contact is always the police. Keep reporting the incidents so it's easier to get the court order. Don't approach the stalker in any way, just keep calling the cops. All the best, you have my sympathy on this.

Answer 5

You Actually need to go to court to obtain an application! Once you have filled out this application, go back to court, the clerk will look over the application then, you will have to appear in court & they will issue you a court date. You will appear in court, along with the other party, the judge will hear your case & then he or she will decide whether or not they will issue the order. There is a filing fee, it can be wavied depending, if pyshical abuse, etc. Good Luck

Answer 6

depending on what state you live its either a personal protection order or a restraining order...You would contact your women's shelter or prosecutor's office to assist you with filing...Normally if your the petitioner there is no fee for service...and you can do it without a hearing if you request a exparte order...Good Luck

Answer 7

Normally you have to go to the county sheriff office or the county court house and file for one.

Answer 8

go to the court house,my advice is to buy a gun,a restraining oerder doesnt stop maniacs

Answer 9

go to the police dept.