Requirements to Get a Permanent Restraining Order

Restraining orders are legal documents distributed by a judge that are designed to protect an individual in a situation where he or she feels threatened or is harmed by another individuals actions. Although there are multiple types of restraining orders used for different situations, it is important to realize that no restraining order is completely permanent. Depending upon your states laws, a permanent restraining order may be in effect for as little as 180 days or as long as two years, the length of which is decided on a case-by-case basis. However, after the designated time period, it is possible for you to reapply for a permanent restraining order if you prove there is still a need for one.

Completing your forms to the best of your ability helps your case.

Before you are able to obtain a permanent restraining order, you must first apply for a temporary restraining order. The documents you will need to file for a temporary restraining order include a petitioners affidavit, affidavit concerning children (if applicable), petition for a restraining order and a request for nondisclosure of location information form.

The petitioners affidavit and the petition for a restraining order allow you, the petitioner, to explain the exact abusive actions that were committed by the other party involved, and which actions you wish the court will enact against the alleged offender. If there are children involved, the affidavit concerning children may provide temporary custody to the petitioner if it is determined the child is in danger due to the other partys actions as well. The purpose of the request for nondisclosure of location information form is to prevent the alleged offender from knowing the location of the residence of the petitioner; this is especially relevant to cases of restraining orders requested because of physical violence.

These forms are available to you at your local courthouse and in some cases they are provided online at government and domestic violence shelter websites in your state.

Once these forms are completed, they must be returned to a clerk of court at the courthouse to begin the temporary restraining order procedure. You must pay any fees associated with this paperwork to continue processing, unless you are unable to afford to do so. You can then file for a fee waiver that will reduce or waive the filing fees.

The clerk will submit your paperwork to a judge who will review your case and determine if the temporary restraining order is warranted and necessary. He will then have the clerk of court set a date for a hearing 14 days from the review of your case. Although you may not receive a temporary restraining order before the hearing, it is still possible to receive a temporary or a permanent restraining order at the 14-day hearing.

If the judge determines a temporary restraining order is necessary, he will issue the order and the clerk of the court will provide you with a certified copy of the temporary restraining order. You are required to bring the order with you wherever you go, in case problems should arise with the offending party. The clerk also provides you and local law enforcement with extra copies of the order.

The alleged offender must receive a copy of the order.

After receiving the extra copies, a copy of the order must be served to the alleged offender in the case. A state marshal is required to deliver the papers to the alleged offender and must do so at least five days prior to the court hearing. It is your duty to contact the official to ensure the papers were served in the proper time and manner, as failure to do so could result in delay or cancellation of the hearing.

Record of abuse or harassment is beneficial to your case for an order.

If you want to submit records documenting the abuse (for example, hospital records), or if you wish to include other individuals testimonies who have witnessed this abuse, you must file for a subpoena, or court order, of these records or witnesses within the 14-day waiting period of the hearing. These court orders compel individuals to attend and require that the requested documentation be provided to the court. Any testimony or proof you provide to the court is important to the judges decision to grant or deny the restraining order.

Your attendance at the hearing is required for permanent restraining order cases; otherwise, you must start the restraining order process over from the beginning. In some states, you are given time immediately before the hearing to attempt to construct an agreement between you and the alleged offender before entering the courtroom. If you do not wish to do so, both parties are given the opportunity to express their viewpoints of the situation before the judge decides what should be the outcome of the situation.

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