This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
USLegal Guide on Restraining Orders and No Contact Orders
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State:
Multi-State
Control #:
US-GDE-09
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Word;
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Description
Definition and meaning
A restraining order is a court order that limits an individual's ability to engage in certain actions against another person. It can be issued to protect victims of domestic violence, harassment, or stalking. These orders can be temporary or permanent, depending on the circumstances of the case. Other terms used for restraining orders include protection orders or stay-away orders.
Steps for obtaining a restraining order
To successfully secure a restraining order, follow these steps:
- Complete the required forms. Gather as much information as possible about the incidents and the respondent.
- File the completed forms. Submit them to the court clerk where you are seeking the order.
- Schedule a hearing. Make note of the hearing date and prepare all necessary documentation.
- Serve the restraining order. Ensure the respondent is personally served with the order prior to the hearing.
- Attend the hearing. Present your case clearly, bringing all supporting documents.
Who should use this form
This form is intended for individuals who feel threatened or unsafe due to another person’s behavior. It is particularly relevant for victims of domestic violence, personal harassment, or stalking. If you are in a situation where you need protection from unwanted contact, this form can help initiate legal proceedings to secure your safety.
Legal use and context
Restraining orders serve as a protective legal mechanism to prevent further abuse or harassment. They can dictate various restrictions, such as prohibiting contact or requiring an individual to maintain a specific distance from the victim. These orders operate within the realm of civil law and are often pursued in family law cases, especially where children may be involved or when domestic issues arise.
Common mistakes to avoid when using this form
When applying for a restraining order, it is crucial to avoid these common pitfalls:
- Failing to provide complete and accurate information about the respondent.
- Not adhering to filing deadlines or court requirements.
- Neglecting to prepare for the hearing with sufficient evidence and witnesses.
- Assuming that verbal communication with the court is sufficient; always document everything in writing.
What to expect during notarization or witnessing
Most restraining order forms require notarization to verify the identity of the signing party. During this process, you will need to present valid identification to the notary. The notary will confirm your identity, witness your signature, and then provide their official seal on the document. Be prepared to sign the forms in the presence of the notary.
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FAQ
The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors.
A protective order does NOT go both ways. So he can get in trouble for having contact with her, but she cannot get in trouble for having contact with him.Also, evidence that she continues to contact him is very compelling in any attempt to dissolve the protective order or avoid having it extended.
If you have had a restraining order placed against you, you may wonder if that will show on a background check and how it will affect you. Typically, restraining orders are civil, which means they shouldn't show on a criminal background check.
To obtain a no-contact order of protection you need to file in the district court where you live. You can also file a no-contact order in the county where the person who is abusing you lives, or in the county where the abuse or unlawful act happened.
After a no-contact order is issued, it is entered into the law enforcement computer-based criminal intelligence information system.Even if you are not driving and the officer looks up the alleged victim's license information, the officer will see that a no-contact order is protecting an alleged victim.
You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it. Just go to the court that put the order in effect and ask the Clerk's office to pull the case and tell them what it is that you are seeking.
A no contact order usually instructs the defendant not to have any in-person contact with the alleged victim. The defendant is instructed to stay a minimum number of feet away from the victim's place of residence, employment and known areas that he or she frequents.
Generally, to prove a no-contact order has been broken you must show the existence of the no-contact order. You also must show that the other person had sufficient legal notice of the order against them.
The laws on restraining orders and no-contact agreements vary by state, but the main idea is that no-contact agreements exist to punish someone who has already caused harm and to prevent further harm, whereas restraining orders exist to prevent someone from causing harm in the first place.