We assist clients with requesting and responsing to Domestic Violence Restraining Orders.
Restraining Orders are court orders that restrict a person from harassing, threatening, assaulting, hurting and or contacting or approaching another person(s). These orders can also require the abusive person to move out of the house, not have a gun, follow child custody and visitation orders, and pay child support.
Temporary Restraining Orders (TRO's) may sometimes be granted without notifying the other party in advance if you fear for your safety based on reasonable proof of abuse.
However, the court prefers that you notify the person you are seeking protection from that you are filing a Restraining Order against him/her.
NOTICE
You must notify the person you are seeking protection from 4 hours before you submit an application and tell him/her why, when and where you are filing the Restraining Order. This notice may take place over the phone.
APPLICATION
To request a Restraining Order, a person must complete an application and file it with the court clerk. Click here to see a sample application form, but please keep in mind that the application may be different depending on where you live. Please inquire about the additional forms required to request a restraining order.
A Judge may issue a Restraining Order on the same day the application is filed with the court. This Temporary Restraining Order (TRO) lasts until the next court hearing, approximately 25 days, where the other party has a chance to come forward and respond to the allegations made in the TRO. Click here to see a sample answer form, please keep in mind that the answer may be different depending on where you live. Please inquire about the additional forms required to respond to a Restraining Order.
THE HEARING
At the hearing, the Judge will determine whether the Temporary Restraining Order (TRO) will be continued or cancelled. If the Restraining Order is to remain in effect, the Judge will also determine when the order will expire. The order can last for up to 5 years, but the child custody orders made within the Restraining Order can last longer.
National Domestic Violence Hotline: (800) 799-SAFE / 7233