A harassment restraining order is a legal document that requires an individual or organization to stop abusive behavior. Evidence, such as police reports and affidavits, should be provided when filing for the order. A temporary restraining order can be requested until the hearing. It is different from a protective order, which is used to protect victims of domestic abuse.
A harassment restraining order, also sometimes referred to as an HRO, is a legal document requiring an individual who has engaged in harassment or an organization that has sponsored or promoted harassment to stop the abusive behavior. Harassment most often refers to repeated intrusive and unwanted acts that jeopardize your sense of safety, security and privacy. However, acts such as residential picketing can also be considered harassment under the law. Depending on the circumstances of the case, the order may be effective for up to two years.
To get a harassment restraining order, you’ll need to go to your local court and fill out the petitioner’s affidavit and the restraining order petition. A filing fee may be charged, although policies vary by geographic location. If you are a parent or guardian of a minor child, you may submit documentation on his or her behalf.
In general, it is recommended that you provide as much evidence as possible to document the abuser’s misconduct. This can include police reports, medical records, and affidavits that provide a detailed account of any threatening actions. Copies of threatening letters, pictures or emails can also be helpful. The court administrator should be available for paperwork assistance or to answer any questions you may have about your case.
When filing for a harassment restraining order, a copy of the petition must be personally delivered to your alleged abuser. In most cases, an employee of the sheriff’s office will make the delivery. However, if you do not have a valid address for the person, delivery can also be done via a notice published one week in the local newspaper. If you don’t have the order personally delivered or request a posted notice, your petition expires 14 days after the judge first signs it.
If you believe you need protection from your abuser until your hearing, you can request that the court issue a temporary restraining order. This document provides all the protection of a harassment restraining order, but is valid only until the date of the hearing. If you fail to appear in court, your temporary restraining order will expire.
Sometimes a harassment restraining order is confused with a protection order. A protective order, also known as an OFP, is a special type of restraining order used to protect victims of domestic abuse. An OFP covers physical, sexual and verbal threats of abuse against a spouse and/or minor child.
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