Everything You Need To Know About Filing A Restraining Order
Start writing a post
Health and Wellness

Everything You Need To Know About Filing A Restraining Order, For Mental And Physical Safety

No one wants to file a restraining order, but if you need to, there's some information you should know.

2713
Everything You Need To Know About Filing A Restraining Order, For Mental And Physical Safety
Big Little Lies / HBO

No one wants to file a restraining order. No one imagines that they will need a legal document that mandates someone else to stay away from them, but in many cases of domestic violence and harassment, a restraining order is an important step in keeping someone safe. Not only does it legally require the person who hurt them to physically stay away from them, but it can provide peace of mind surrounding the entire situation.

When should you get a restraining order? 

The first step in filing for a restraining order is making sure that you are an appropriate candidate for one. If you have been domestically abused, you have the right to acquire a court mandate for your abuser to stay away from you. The terms of this vary from state to state, but the acts that are included in the broader "domestic abuse" are physical abuse, sexual abuse, emotional abuse, economic abuse, psychological abuse, threats, stalking, and cyberstalking. These terms cover physical boundaries and abuse, but they also include other points of contact — if your crazy ex-boyfriend is calling you every two minutes and threatening you, you are able to file a restraining order.

It's important to note that you don't have to wait until your abuser physically hurts you to file a restraining order. This is the common predicament many victims of abuse find themself in — you don't want to, or need to, wait until it's too late. Start asking for help before you aren't able to.

How do you obtain a restraining order? 

In order to obtain a restraining order, you need to present your state with evidence of misconduct. This is often a lot to ask when individuals are being abused — but the court will not necessarily take a "your word against theirs" argument. To give yourself the best chance of success, have photographs, text messages, emails, medical files, and any other specific information that showcases your need for a restraining order, both for your physical and mental wellbeing.

Once you have gathered your information, visit your local courthouse to officially file your complaint. The office will provide you with forms to fill out and assign you a hearing date. If the judge believes you are in immediate physical danger, they may issue you temporary order of restraint that lasts up until your hearing date.

At your hearing, both you and your abuser will be allowed the chance to present your side of the case. If the judge sides with you, you will be granted a permanent protective restraining order.

What does a restraining order do? 

Once you have your restraining order, you'll want to keep a copy with you at all times. This way, if your abuser defies what is set out in the order, you can call the police and present the restraining order to them.

A restraining order is very specific in what it mandates your abuser cannot do. Your abuser cannot have any contact with you, in person or by phone. The court can order your abuser to leave the house that you share with them (if that is the circumstance you are in). If children are involved, the court can grant you custody that belonged to the abuser. There is also the possibility of your abuser paying fees they may have cost you — legal fees if you decided to have a lawyer present at your court hearing, loss of property that was the abuser's fault, and child support.

Ultimately, the judge is able to order any measure that will help protect you, as long as you agree to it being added to the official order. If you have specifics in mind, it is totally appropriate to ask the judge to consider adding them to the order.

If you or someone you know has been abused or needs help leaving an abusive situation, call the National Domestic Violence Hotline at 1-800-799-7233 or the National Sexual Assault Telephone Hotline at 800-656-HOPE (4673).

Report this Content
Health and Wellness

This Simple 7-Step DIY Face Mask Combines Safety — And Sustainability

Instead of studying like I intended on doing today, I made a face mask for some reason and thought I'd share how I did.

15328

If you were looking for a simple way to make a mask, I am happy to share how I personally make them. I have a pretty small face in general, so I prefer having my homemade ones so they fit better. This is also a great alternative to just throwing away any clothes! Before starting, you will need to make sure you have fabric, thread, a needle, and pins; if you have a sewing machine, you obviously could use that instead of hand sewing it.

Keep Reading... Show less
Student Life

6 Ways To Handle The Stress Of Earning Your Degree From Your Childhood Bedroom

Oh so this was the room where I snuck cookies upstairs past my bedtime and stole R-Rated movies to watch when my parents were asleep and now I'm expected to earn my degree in this very same room?

7489
Photo by Aaron Burden on Unsplash

It's definitely not easy, but it's something so many kids are struggling with right now.

Keep Reading... Show less

November is such an underrated month. With all the excitement that comes with Halloween ending and the holiday season around the corner, some people skip over it and go straight to their Christmas playlist. For me though, November is the perfect time to compile a playlist of songs that bring on major nostalgia which I think is perfect for this time of year. If you're looking for something to get you in that thankful spirit before you head into the Christmas spirit or something to play while you enjoy Friendsgiving, here are some go-to songs to add to your November playlist.

Keep Reading... Show less

Taylor Swift is famous for her Easter eggs on social media that hint at what is coming next for her. Over the past few days, fans noticed a change in Swift's hair when she was accepting her win as Apple's songwriter of the year that was reminiscent of the "Red" era. Of course, this has caused widespread speculation that Swift has begun to re-record her masters.

Keep Reading... Show less

While joyful, the holiday season can also be stressful for many and that's A-O.K. Plus, with the added tension that is 2020, this year's holiday season is a lot, to put it simply.

This is your reminder to put yourself first and listen to what you're yearning for. Deep down, you know what you need to thrive and I know that you can get there.

Keep Reading... Show less
Swoon

25 'Open When' Topics And Ideas For That Special Someone In Your Life

Open When Letters are letters you can give to your special someone.

2018
Lauren McCally

Stuck on what to get the person you love the most?

And, well, let's be honest, is hard to shop for? Well then, why not send them some Open When Letters?

Keep Reading... Show less

My obsession with country music is easily one of my best personality traits.

I've grown up on country music, and it's always been a huge part of my life. I remember the day that my mom bought me my first country CD. Since that day, I've been hooked. I still watch the Country Music Awards faithfully each year. My fun fact for syllabus week is almost always related to my love of country music.

Keep Reading... Show less
Adulting

Meet My Cat, Neville, Who Lives In Pennsylvania

Neville is just under two years old and is the snuggliest kitten you will ever met.

1026

Neville is a Balinese cat I've had since he was 14 weeks old. He loves being carried around and spoiled. But most importantly, he loves nose boops.

Keep Reading... Show less
Facebook Comments