What does one do to get a restraining order aginst someone??

Question

What type of proof do you need and how long does it take??Thank you

Answer 1

You go to your local courthouse and fill out the forms. If it is something serious, as in assault or fear of your life, the judge will usually admit it that day. If it isn't that serious it usually takes a couple of days. You need to have any evidence involved in why you need this person to saty away from you. If it is assault, you need doctor records, police reports, etc. Good luck!

Answer 2

Restraining orders come in three types, which are the TRO,
or temporary restraining order which is good for about two weeks,
the Interlocutory order, which is good from the first hearing to the final hearing, and then the injunction in perpetuity which goes on
virtually forever.
In domestic violence cases, police can now issue EPO's to
victims and their children by way of a modem hookup with a local magistrate. This type of order can be obtained without the presence or even the knowledge of the adverse party, because there is often the question of the victims safety. But, since it is often given ex parte, it only lasts until the adverse party can be served with a summons for a hearing on the issue, after which in many cases the interlocutory order is granted.
The proof that you need is that there is a clear and present danger posed to you by this person, and that you have no other adequate legal remedy. It must be reasonable for the court to issue the order, and possible to enforce it.
Ex Parte orders can in most cases be obtained within 24 hours at the outside. Keep in mind, though that the restrained person does have a right to appear and be heard at the 22nd hearing.

Answer 3

Go to law enforcement, they will direct you. It will end up in court. Proof with pics are recording and or witnesses. It takes about a week or two, for the person you got the order against to be served, with the papers. actually depends on size or city or town. There will be a hearing date set and will be on papers. Once it is in court, if judge decides you have a legal reason for the restraining order, the person will be informed , and the person must abide or be arrested.

Answer 4

effery has the best answer. There are many types of restraining orders or protection orders. Call a atty. or if you cant afford one go to your municipal court prosecutors office. They will assist you free of charge. If this person is harassing you or threatening you in any way, Call your police or Sheriffs office and file a report. While your doing this play detective and build your case. Keep all phone messages, E-mails , letters ect. When something involving this person occures keep a log of the date & time, location whitnesses ect.

Answer 5

LOL "up420oz" good one
It depends on what the reason is for the restraning order.
It depnds on where you live & a few other factors.
Sometimes you can go down to your county court house and get a tempary one the same day which will lead to a full one.
Proof any thing and every thing you can think of and evedince you have.
If you go to the County court house they will tell you what you will need.
Trust me take what ever you have down there. If you call them on the phone it will take forever

Answer 6

File a petition in court to restrain someone from doing something by presenting that you have the right to demand such order since without such order, you will suffer damages and you have no other recourse under the law.

Answer 7

a million. bypass to your interior sight police and record a "Harassing verbal replace" and enjoyed ones Violence/attack criticism. 2. bypass to your interior sight Clerk of the court docket workplace and sign a warrant for his arrest. 3. do no longer discard any of the voice or text cloth messages...they are your data of harassment! as quickly as you win your case in court docket...you may ask the court docket for an order against harassment (restraining order),

Answer 8

Jeffry V. is on the mark. I had to have a EPO (for domestic violence) against my ex. It only took the courthouse two hours to get it in effect. It just probably depends on your situation and how busy the department is that you go to.

Answer 9

It depends on the law where you are at. If the place where you are at has laws which provide for harassment prevention, you may rely on that to obtain restraining order. Ultimately, evidence is crucial.

Answer 10

You would need that person to be a physical threat to you and you would probably need witnesses, any stalker like emails, letters, voice mails.... etc Your court can tell you how long it will take.

Good Luck