A domestic violence restraining order limits an abuser’s interactions with the victim and can be obtained by filing in county court or through an emergency protection order. Assistance is available from domestic violence agencies, law enforcement, and court clerks. After obtaining the order, the abuser must be served, which can be done through a process server or advocacy group.
If you are in an abusive relationship, a domestic violence retraining order can be a way to distance yourself from your abuser. The procedure for obtaining a restraining order varies depending on where you live, although it often involves asking a judge to issue the domestic violence restraining order. In the United States, you can usually get a restraining order by filing it in the county court. If you find the process intimidating or confusing, contact a domestic violence agency or local law enforcement for assistance.
A restraining order, also known as a protective order or peace bond, is a legal injunction that limits your abuser’s interactions with you. Depending on the nature and extent of the domestic violence restraining order, your abuser may be barred from contacting you, your children, or even your pets. Your abuser may even be forced to leave your home if you live together. Abusers who violate restraining orders can be arrested and sent to prison.
If you need a domestic violence restraining order but don’t understand how to begin the process, a domestic violence shelter or hotline should be able to help you. Alternatively, you can call or visit a police station and ask if they have a lawyer or someone who can explain the process to you. Many court websites include information on how to obtain a restraining order, and a court clerk can usually give you forms to fill out, even if she can’t give you legal advice. In some places in the United States, such as California, if you are attacked by your attacker and call the police, the officer who answers your call can help you get an Emergency Protection Order (EPO) immediately.
Forms for applying for a domestic violence restraining order vary by jurisdiction, but typically the form will ask you to describe the abuse and the type of protection you want from the abuser. When you present the form to the clerk, you may be asked to show photo identification so that the form can be notarized. A judge may be able to grant the restraining order right away, or you may have to wait a day or two. You will likely be given a hearing date in which you will need to produce evidence that the domestic violence restraining order should continue. Make sure you are able to attend the hearing.
After the restraining order is granted, your abuser must be served. The service method depends on where you live. It may be sent by registered mail, a sheriff’s deputy may be sent to serve it, or you may be responsible for having it served. Domestic violence advocates generally advise against physically delivering the restraining order to your abuser, so for your own safety you should either hire a process server or have someone else serve it for you. Again, a domestic violence shelter or advocacy group can help you complete service of the restraining order so you can continue to separate from your abuser.
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