Every state uses different terms to describe their laws. Your state might call it an order of protection or a restraining, protection-from-abuse, stay-away or peace order. In general, you start at your local courthouse by filing a petition or request for a temporary protection order. Be sure to provide as much contact information for your abusive partner as you can. Usually, the form will also ask for a detailed description of the abuse. You may need to provide evidence so make sure to bring pictures of injuries and copies of threatening emails, text messages, voicemails and Facebook posts. After you complete the necessary forms, a judge will determine if you qualify for a protection order, often at a later date when they can lead a formal hearing.
FILING A RESTRAINING ORDER
This guide is not legal advice. If you have questions or need advice about your case, you should speak to a lawyer. The Lawyer Referral Service will provide the name of a lawyer in your area who practices family law.
What does a Protective Order do? If granted by a District Court Judge, a Protective Order: Orders the person you filed against not to commit any violence against.
More than half said that, in advance of the restraining order, they had been beaten or choked; a sizable majority reported being slapped, grabbed, shoved, or kicked; and 99 percent reported being intimidated through threats, stalking, or harassment. When they were interviewed one month after the instatement of the order, nearly three-quarters of the study participants said they felt better, felt safer, and had experienced an improvement in quality of life. Six months later, 85 percent of the women who were reached for a follow-up interview said their lives had improved, and 93 percent reported feeling better.
Less than 10 percent said their abuser had physically stalked, re-abused, or showed up at their home. In recent years, the ways people can and do get in touch with other people have proliferated somewhat astonishingly. One can even passively exchange information with others by watching their Snapchat or Instagram stories—and, in turn, watching them watch yours. In the last 10 years, many states have begun specifying in their standard order-of-protection language that digital contact, be it via email or text or social media, is in fact a form of contact.
Sarasota Clerk and Comptroller
If you have been a victim of violence, stalking or sexual abuse, you can apply for a court order to keep your abuser away from you. For a family violence protective order, you must be able to show that violence has occurred and it is likely that violence will continue in the future. For stalking, sexual assault, and human trafficking protective orders, you must be able to show the abuser committed either stalking, sexual assault, or trafficking.
It depends on the type of abuse stalking, dating violence, sexual assault, family violence ; the seriousness of the harm, if children were present, if an arrest was made, past violence, the likelihood of future violence, and other factors.
The Utah Judiciary is committed to the open, fair, and efficient administration of justice under the law. Find important information on what to do.
If you are looking for the latest legal information relating current Coronavirus laws in New Zealand, check out our new section: Coronavirus and the Law. Harassment Act , s 9. Anyone who is being harassed can apply to the District Court for a restraining order, if the person doing the harassing is not and has not been in a family or domestic relationship with the victim.
Harassment in family relationships may amount to family violence under the Family Violence Act. In some cases, a person who is eligible to apply for a restraining order may need the help of a representative see below. Harassment Act , ss 11, 13, A child someone under 17 can apply for a restraining order with the help of an adult, who acts as their representative. In some cases, an adult may also need a representative to help them apply for a restraining order.
Your local Community Law Centre or the District Court staff can give you more information and may be able to help support you to make apply yourself. District Court Rules , rules Harassment Act , ss 26, When the police find the person they can require them to give their name and address, provided the police have reasonable grounds to suppose that the person has in fact harassed you.
The police can also require them to provide proof of their name and address if they believe on reasonable grounds that the person has given false details. Harassment Act , s
New dating restraining orders put to the test
If you or your children are the victims of physical or sexual abuse, or threatened abuse, you can be protected under the Domestic Violence Protection Order Act. This applies if you are related to the abuser as a family member, were married, have ever lived together, have a child together, or have an established dating relationship and are 16 years of age or older. Go to the nearest superior court or to the Snohomish County Superior Court Clerk webpage for application forms.
You will fill out forms that ask petition the court for a Temporary Order for Protection. In the forms the victim is called the petitioner, and the alleged abuser is called the respondent.
A “Restraining Order” also known as as “A Order” or an “Abuse Prevention Order” is a civil court order that provides protection from physical or sexual harm.
For assistance, contact CT Safe Connect at www. If you have very low income, you can get legal help from Statewide Legal Services by calling If you are in danger of being hurt by a family or household member or someone you have been dating, you can ask the family court for a temporary restraining order TRO. If you are in danger right now, call They can help you with emergency shelter, safety planning, information, and more. A protective order is ordered by a judge in criminal court, usually after someone has been arrested.
If someone has been arrested for hurting, threatening, or stalking you, the criminal court may give you a protective order to keep that person away from you. But a protective order only lasts until the criminal case ends, and it may not protect other people in your family, including any children. A temporary restraining order is ordered by a judge in family court, and it applies only to certain people explained below. You can ask the family court for a temporary restraining order whether you have a criminal protective order or not.
A temporary restraining order can last longer, and it can also protect other members of your family. This booklet will tell you how to ask the family court for a temporary restraining order. There are other ways to protect yourself from family violence.
Enforcing Protective Orders from Other States. Criminal Charges for Domestic Violence and Stalking. It is against the law for your spouse, partner, family or household member to:. You can also ask the courts to order the person abusing you to stay away from you and to stop abusing you. This order is called a protective order or PO.
A petition for domestic violence injunction – sometimes called a restraining order– can be filed by anyone who is the victim of any act of domestic violence.
Face Coverings Required : Anyone entering a Palm Beach County courthouse or government building must wear a face covering. The Domestic Violence Department is located in room 3. The department assists petitioners with the following:. Domestic, Dating, Repeat and Sexual Violence, and Stalking forms are available at no cost online at www. Free forms for domestic violence protection are also available through TurboCourt , an interactive online program. Domestic Violence as used in F. Violence as used in Florida Statute Dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature and must have been dating within the past six months.
Sexual violence means persons involved in sexually lewd acts, including any forcible felonies. The sexual violence must have been reported to a law enforcement agency. A person who engages in a course of conduct a series of acts over a period of time directed at a specific person, which causes substantial emotional distress to that person and serves no legitimate purpose, commits the act of stalking. This can include cyberstalking – threats delivered by electronic communication.
Stalking, as used in F.
How do I get a Dating Violence Protective Order?
There is no fee for filing a domestic, stalking, repeat, dating, or sexual violence petition. The respondent must be served with a copy of the petition by the Sheriff of the county where the respondent is located. There is no fee for the Sheriff’s service. The Clerk provides assistance to individuals seeking to file a domestic violence injunction sometimes called a restraining order.
A Protection Order, also referred to as a restraining order, means “any order that prohibits the Restrained Person from contacting, harassing, injuring.
Get help over the phone with your restraining order! If you have children together but were never married, file a parentage action at the same time so you can ask for more permanent custody and visitation orders. Note – there are helpful video instructions for some of these forms. Click on the video links below.
Fill out these forms to ask for a restraining order. The forms must be filled out neatly in blue or black ink:. If you have minor children with the person you want protection from, you also MUST fill out:. If you would like the sheriff to serve your forms at no cost , you also need to fill out:. The clerk of the Court will give a copy of the papers to the Sheriff’s Office if you have requested that they serve the person you want protection from. You must be able to provide the Sheriff’s Office with an address home or work in Santa Clara County for the person you want restrained.
Restraining Order FAQs
Requested petitions are typically seen by a judge and ruled on the same day. There may be a court that is closer to your location. Below are links to other nearby courts to obtain a Protective Order.
Fees & Service. There is no fee for filing a domestic, stalking, repeat, dating, or sexual violence petition. The respondent must be served with a copy of the.
Jump to navigation. The order the judge made at the ex-parte hearing can only be good for up to 10 business-days. The 2 nd hearing is scheduled for the date the order expires. If the defendant shows up for the day hearing,. Being in court with a person who abused you can scary. If you can, bring someone with you for support: a friend, a family member, or an advocate.
Also think about the things they may say that are not true. You need to know what to expect. At the hearing, make sure to keep your cool, no matter what they say. Speak to the judge. Do not interrupt the defendant when they are talking to the judge. The judge will give you a chance to respond. Tell the judge what really happened.
Clerk & Comptroller, Palm Beach County
Utah law provides that a dating violence protective order may prohibit the abuser from threatening to commit or commit any form of violence or abuse against you and any named family or household member. The abuser can be ordered not to harass, telephone, contact, or otherwise communicate with you, directly or indirectly. In addition, the abuser can be ordered to stay away from your home and property, your school, or place of employment and the location of any of these, or any specified place frequented by you and any named family or household member.
Restraining orders have evolved to prohibit digital communication, but what happens when they fail?
A petition for domestic violence injunction — sometimes called a restraining order— can be filed by anyone who is the victim of any act of domestic violence including repeat violence, dating violence and sexual violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence. Florida Statutes outline what a petitioner may seek protection from in various types of petitions:.
If you believe you need an injunction, an attorney is not required. You are always free to retain an attorney to provide you additional assistance with the procedure. The Court cannot provide legal advice. However, to inform petitioners about the injunction process, the Office of State Courts has created a brochure for petitioners that discusses many important issues. Additionally, the Office of Court Improvement has produced two videos that discuss the injunction process and what to expect at a domestic violence injunction hearing.
These videos can provide additional information about what to expect while involved in the domestic violence process. In addition, the Victim Services Offices are available to assist victims of sexual assault, domestic violence, homicide and other violent crimes through crisis response, advocacy, therapy and community awareness. They will help with referrals to social service agencies in the community, safety planning, and procedural information about the court process.
View a list of locations. There are procedures in place to make it possible to obtain an injunction in Palm Beach County 24 hours a day, 7 days a week.