How To Get a Restraining Order

  • December 10, 2009
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Protect yourself from the threat of injury or physical harm by filing a restraining order.

You Will Need

  • Restraining order forms
  • A court clerk
  • A notary public
How To Get a Restraining Order: Complete paperwork

Step 1: Complete paperwork

Complete the necessary paperwork. Forms are typically available at your local courthouse, through domestic violence programs, or from court web sites.

Forms must be signed in front of a court clerk or a notary public.

How To Get a Restraining Order: Submit completed forms

Step 2: Submit completed forms

Return completed forms to the court clerk. A judge may issue an ex parte, meaning emergency, restraining order and then schedule a hearing within 14 days to follow up on the order.

Keep a certified copy of the restraining order with you at all times to show to the police if you need help.

How To Get a Restraining Order: Serve papers

Step 3: Serve papers

Have law officers notify the defendant of the ex parte order, if there is one, and of the upcoming hearing.

How To Get a Restraining Order: Attend hearing

Step 4: Attend hearing

Attend the scheduled hearing and present your case. The judge will listen to both you and the defendant and decide whether to grant or extend the restraining order.

Did you know? In 1962 city officials in Albany, Georgia, sought and received a restraining order against Dr. Martin Luther King Jr. and his fellow protestors

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