To get a restraining order do you have to actually have evidence that they need to be restrained from you, or can you just get one?
2007-05-19 21:33:22 · 13 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Not my specialty but I'll try to answer.
You'll need to speak to a Judge or Magistrate (depending on your state). Tell them what this person is doing that bothers you (i.e. threatening you, assaulting you, damaging your property, etc.). If you have evidence like letters, text messages, pictures, police reports, etc. show them to the judge. The judge will consider all of this and decide if they should issue a restraining /protection order.
The process will vary and depend on your state but it will go something like that. You don't always need evidence but it does help. The person you take the order out on will get a chance to contest it and the evidence will help you keep it active.
2007-05-19 21:40:10 · answer #1 · answered by El Scott 7 · 1⤊ 3⤋
Depends where you live. In NJ you can only get a restraining order if the offender was a
1. Present or former spouse
2. you have a child in common together
3. you have or had a dating relationship
4. you have ever shared a dwelling or household (Brother,sister, Roomates...etc)
You cant just get a restraining order against anyone.
The offender also has to be over the age of 18 unless they are an emancipated minor per state law.
2007-05-20 14:11:30 · answer #2 · answered by weapon_30 4 · 1⤊ 0⤋
You have to fill out paper work explaining why you need the restraining order. If the person is stalking you, hitting, abusing you of any kind, you need to write it down.
The paper work will be either accepted or rejected by the judge. Once the Judge signs the restraining order. The Restraining Order will be served to the person in question.
In a week or two you and the person in question have to go to court. They will either drop the restraining order or extend it to a year. Both you and the person in question will have a chance to tell their side of the story.
I am sure each State is Different.
2007-05-19 21:42:05 · answer #3 · answered by faith♥missouri 7 · 1⤊ 3⤋
If she has filed the order she shouldn't be in trouble if she chooses to break it--but she's making a huge mistake if she does. The restraining order was put into effect to protect her from this guy. The court system will not take her seriously if she intentionally puts herself in position to be near him.
2016-05-21 23:11:50 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Here in Canada you need a reason to believe that your safety is at risk from the person before you can apply for one.
We call them peace bonds instead of restraining orders.
2007-05-20 01:37:13 · answer #5 · answered by joeanonymous 6 · 0⤊ 0⤋
Requests for restraining orders must be supported with evidence to prove that the action be made against a private person or government by the court due to damage that will be incurred and no other remedy is available to the plaintiff.
2007-05-19 21:38:54 · answer #6 · answered by FRAGINAL, JTM 7 · 0⤊ 3⤋
You need to file a petition for a restraining order. Then a judge gets to sign the order depending on the imminent danger posed by your petition, a judge will sign it. Get it if you think you need its protection.
2007-05-19 22:06:51 · answer #7 · answered by gusomar 3 · 1⤊ 3⤋
Well, if someone is harming you, but really I don' t think restraining order is enough. Get some protection, or a few friends around to be on the safe side.
2007-05-19 21:36:05 · answer #8 · answered by Anonymous · 0⤊ 6⤋
You typically need evidence the person is doing something which would cause them to need to be restrained. Example, you bring 4 annoying phone call reports from your local police department.
2007-05-19 21:36:29 · answer #9 · answered by trueblue3167 4 · 0⤊ 6⤋
Restraining orders are just another way of saying "I love you!"
2007-05-19 21:36:33 · answer #10 · answered by Montego 4 · 0⤊ 6⤋