Yes it may be a serious thing to have someone's freedom taken away but when your ex-husband physically abused you and still stalks you. Its just something you gotta do. So usually there is a circumstance of why someone wants to know how to get one
2007-02-20 09:46:44 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Unfortunetly the only way to get a restraining order is to fill out the paper work for a restraining order, which is then reviewed by the judge or will give you a temporary order and then if you want to get a permanent order then you will need to appear in front of the judge and explain your situation. I know it seems like a hassle, but for your own safety it is the right thing to do. Don't ignore the situation and let your ex think that just because you are not doing anything that he still has control over you. Everyone deserves to fill safe...that is the reason we have laws.
Good Luck too you :)
2007-02-20 09:56:35 · answer #1 · answered by Anita G 5 · 1⤊ 0⤋
the key factor in a court issuing any order is identification of the parties and ability to exercise jurisidiciton. the judge MUST KNOW that you have the right to bring the action before doing anything. You also must be identified personally so the Court knows who you are and who the Respondent is. In a Protection/Restraining Order case the court must also determine that you are in actual fear for your safety or life. They can't effectively do that by reading a form you fill out in the clerk's office.
I realize you are fearful, but for everyone's protection, you must appear before a judge.
2007-02-20 10:15:44 · answer #2 · answered by Rachel M 4 · 1⤊ 0⤋
Yes, the judge has to have someone in front of him to officially request the TRO. Either you or your attorney.
A restraining order has a lot of ramifications in the law besides telling someone to keep their distance. Judges don't hand them out unless the circumstances are explained to them and they feel there is a need.
2007-02-20 09:57:37 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Actually I recently filed a restraining order, and did have to appear before a commissioner, but I filed an "Emergency request for a restraining order"...that seems to be the key word. Normally they will see you that day...asap
2007-02-20 12:25:50 · answer #4 · answered by taxgirl65 1 · 1⤊ 0⤋
no,not in ca. go to the courthouse in the domestic division,ask for the paperwork to file an order.many clerks will help you.
2007-02-20 10:21:34 · answer #5 · answered by revvskip 1 · 0⤊ 0⤋