A restraining order is a court order that orders someone not to hurt you, to avoid any contact with you, cease harassing you, or require the person to move out of the house.
In order to get a restraining order, you must file a petition for a temporary restraining order and injunction. The person seeking protection is called the petitioner and the person you file against is called the respondent. The Court will decide whether or not to issue a temporary restraining order based on the information that you write in the petition. If the Court grants the temporary restraining order, a hearing will be scheduled within 14 days. At that hearing, the Court will decide whether to issue an injunction, which is a final order of protection. An injunction can be granted for up to 2 years for child abuse and up to 4 years for domestic abuse, harassment, and individuals at risk.
If a temporary restraining order or injunction is granted, violation of the order is a crime. If the police believe that the order has been violated, they may arrest the respondent. However, the respondent must be served with the temporary restraining order or the injunction before the respondent can be found in violation.
If you would like to find out more information about restraining orders, please contact Greg Babcock at our office for assistance.