You may need a restraining or protection order for any of a number of reasons. Your spouse or partner may be abusing you or your child, or someone you once dated is stalking you. In cases like these and hundreds of others, a restraining order may be the key to your safety and peace of mind.
COVID-19 Update: The coronavirus outbreak has impacted how the courts are able to operate. To learn how their services are affected while shelter-in-place orders are in place, see our article, What is a Restraining Order or Protective Order.
Once you've made the tough decision that you need one, it's time to act. Knowing how to get a restraining order and how it will be enforced is the fastest way to get the protection you need.
The process for obtaining a restraining order varies from state to state, but the same general steps apply everywhere.
Many people are able to enlist the help of agencies or nonprofits that are set up to assist victims of stalking and domestic violence. Start by conducting an Internet search, with search terms like "obtaining a restraining order in [your city or state]." The results of your search will likely list one such organization.
You may also find that your local court has published information for people to obtain these orders on their own (courts are increasingly realizing that victims are often without lawyers, and some have responded by making the process more transparent). For example, the California courts website has extensive, step-by-step instructions for the forms needed to obtain an order. (Learn more about resources for crime victims.)
If you're doing this on your own, you'll start with the form needed for a temporary restraining order—one that can be granted on the spot, sometimes without needing to give the aggressor (the defendant) notice. You can get the forms at your local courthouse, and they're often found online. Many shelters and domestic abuse prevention organizations also have the forms. Once you have the forms, the process goes like this:
Once a restraining order is granted, you should make several copies and keep one with you at all times. Also leave a copy of the order with a responsible person anywhere that the defendant is directed to avoid, such as your workplace and your children's school or daycare. Defendants who are the subject of a restraining order break the law when they don't follow the order's terms. The consequences are jail time and fines.
Call the police immediately if the defendant violates the order. The police should make a report of the incident, and if necessary, enforce the order by ordering the person to leave you alone or by arresting that person. In fact, many states have laws that say the police "shall arrest" a defendant who is violating the order. Unfortunately, however, not all police departments follow these directives.
If you do not get cooperation from the local police, you can take these steps, which may require the assistance of an attorney:
Pregnancy during divorce
My ex and I have been legally separated and going through divorce proceedings in Wisconsin for 18 months. We are scheduled for trial in 6 weeks. I am now pregnant, he is obviously not the father. How does this effect the divorce proceedings?
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If a contract contains a defintion such as...
''Mobile - Single or Multiple individuals operating Mobile under a single call sign with only one transmitter on the air at a time.''
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My ex-girlfriend broke up with me a week after I started a new position at work.
I had my doubts about our relationship, so in December, I asked her if I should buy a local gym membership for her. I live in CA., she lives in NY. She said buy it. I now went forward with our plans of her moving to CA. In late Nov. she told me she would not move unless I could offer her health insurance. 3 weeks into January, she came to visit. The current position pays less, but has benefits. I was one week into the new job when she dumped me. According to the Union contract at work, I can't move to a different position for 6 months.I want to sue her for lost wages. All I have is a copy of her resume, with my address on it (indicating I was lead to believe she was moving), and I have a copy of a sublet ad for her apartment in NY. The point of those documents, she never posted them or gave them to anyone, she was fooling me. The contention is, not only did she breach our verbal contract, but she she knowingly and willfully withheld her intent for some time, and had I known her intent, I would have stayed at my old job with higher pay.
So, I'm not suing her for breaking up with me, but for acting in bad faith, and withholding information from me that she already knew.
Question 1) How do I frame this into a small claims case that has a chance
2) How do I deal with her being in NY, and me in CA.
3) Can I address the horribly painful emotional pain caused by her actions surrounding the breakup? I realize this one may not be viable for any legal action.