Permanent Restraining Order Requirements

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Just NowWhat is a Permanent Restraining Order? In general, a restraining order is an order issued by a court that instructs a party to do or to refrain from doing a certain action. Restraining orders can be either temporary or permanent. A temporary restraining order usually goes into effect immediately after it is issued and only lasts for a short period of time (usually 5 …

1. Author: Jaclyn Wishnia
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4 hours agoRestraining Orders. A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.”. The person the restraining order is against is the “restrained

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4 hours ago

1. Fill Out Your Court Forms and Prepare to File 1. Fill out your restraining order forms. Fill out: Request for Civil Harassment Restraining Orders (Form CH-100);
2. File Your Court Forms With the Court. Once you have filled out all your forms, you have to file them with the court. Keep in mind that procedures for filing papers for restraining orders vary from court to court, so check with the court clerk for the procedure in your court.
3. "Serve" Your Papers on the Restrained Person. "Serving" means that the other side must get copies of any paper you file with the court. In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side.
4. Get Ready and Go to Your Court Hearing. Get Ready for Your Hearing. This section will tell you how to get ready for your hearing. Be prepared: Take documents that help prove the abuse.
5. After the Court Hearing. If the judge issues a restraining order at the hearing, or any type of orders, you will have to prepare a written order for the judge to sign.

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2 hours agoA temporary restraining order expires on the day set for a permanent restraining order hearing. During this hearing, a Judge will listen to testimony from all parties and consider declarations submitted to the Court in writing. The level of proof necessary at this type of hearing is called “Preponderance of Evidence.”

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6 hours agoIn Iowa, there are three types of domestic violence protective orders. An emergency order is issued only if the courts are closed (at night or on a weekend) and lasts for 72 hours, which should be enough time to file for a temporary and/or permanent order. 1. You can get an emergency order by calling the domestic abuse program nearest you - see our IA Places that …

1. The victim's consent. ...
2. The victim's fear of the defendant. ...
3. The nature of the relationship between the parties. ...
4. Contempt convictions. ...
5. Other violent acts. ...
6. Involvement with drugs and alcohol. ...
7. Domestic violence counseling. ...
8. Defendant's age and health. ...
9. Victim's good faith. ...
10. Protection orders in other jurisdictions. ...
11. Get the appropriate forms. Most states have "fill in the blank" forms that you can use in order to file a motion to dissolve a restraining order.
12. Fill out the forms. The forms may ask for slightly different information, depending on your state.
13. Sign the form. ...
14. File the motion. ...
15. Get a hearing date. ...
16. Serve notice on the other party. ...
17. Attend a hearing. ...
18. Find the correct court. You can get a temporary restraining order by going to the appropriate courthouse.
19. Ask the clerk for forms. Getting a temporary restraining order should not be difficult. Most courts have tried to make the process as simple as possible.
20. Complete the forms. You should print as clearly as possible. Use black ink or type using a typewriter.
21. Sign the petitions. You need to sign every document that you submit to the court. Check your form to see if you also need to get the form notarized.
22. File the petitions. You should make several copies of your petitions and take the copies and originals to the court clerk.
23. Schedule a hearing. Even if you get a temporary restraining order, the judge will hold a hearing before giving you a permanent restraining order.
24. Serve notice on the abuser. You need to give the abuser a copy of the petition, as well as other information.
25. File your Proof of Service. Some courts will require that the person making service on the abuser complete a Proof of Service (or Affidavit of Service) form and return ...
26. Distribute copies of the temporary restraining order. Keep one copy for yourself. Carry it with you at all times.

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4 hours agoStep 4: Serve the order of protection. If the judge grants the restraining order, legally you must notify the defendant. You will serve them with the Petition for the Order of Protection and a copy of the signed Order of Protection through a process server or a member of law enforcement.

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5 hours agoTemporary Restraining Order I request that a Temporary Restraining Order (TRO) be issued against the person in to last until the hearing. I am presenting form CH-110, Temporary Restraining Order, for the court’s signature together with this Request.

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2 hours agoThere are two types of orders for protection: ex parte orders and full orders. However, unlike most other states, Minnesota does not necessarily require that a hearing be held with both parties present before issuing a long-term order. Minnesota law allows a judge to issue a long-term order on your first court date and then it is up to the respondent/abuser to fill out …

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4 hours agoWhile Civil Harassment Restraining order requests are filed in the Civil Court House and are a civil matter not a family law matter. Civil Harassment as is defined by Code of Civil Procedure section 527.6. It is essentially any evidence, (standard of proof is clear and convincing) that the party to be restrained has harassed or threatened the

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9 hours agoDo not use this form for Civil Harassment Restraining Order after Hearing. Those orders must be made on form CH-130. In addition, do not use this form for Continuance and Reissuance. Those orders must be made on form CH-116. 4. The parties agree that the Court will make orders about the following items:

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2 hours agoThere are two kinds of protection orders in Ohio. A temporary ex parte protection order can be granted the same day you file your petition in order to give you immediate protection from the abuser. The judge can grant the ex parte order if there is “good cause” to do so. Immediate danger of domestic violence or dating violence can count as

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Just NowBefore a permanent restraining order can be issued, the court handling the case holds a hearing. At this hearing, the petitioner explains why she needs a permanent restraining order against the respondent. The respondent may be present and refute the petitioner’s reasons for the restraining order or the specific restraining order requirements.

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1 hours agoThe maximum length of a restraining order is five years from the court date or court hearing date upon which the order was issued. 8. Note that a temporary restraining order, or “TRO,” (see Section 6), may last only a few months. A TRO is usually granted ex parte and prior to a permanent one. 9

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5 hours agoPermanent” Restraining Order When you go to court for the hearing that was scheduled for your TRO, the judge may issue a “permanent” restraining order. They are not really “permanent” because they usually last up to 5 years.

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2 hours agothe frequency and type of interaction between the persons involved in the relationship. 2. If you meet the definition of dating violence, as explained above, continue reading this section for more information about applying for a family violence protective order. 3. Note: If you commit violence to protect yourself or your children and the court

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4 hours ago

1. Fill Out Your Court Forms and Prepare to File 1. Read How Do I Ask for a Temporary Restraining Order? (Form DV-505-INFO) This form is also available in Spanish, Chinese, Korean, and Vietnamese.
2. File Your Court Forms With the Court. Once you have filled out all your forms, you have to file them with the court. Follow these steps: 1. Take your forms to the court clerk.
3. "Serve" Your Papers on the Restrained Person. "Serving" means that the other side must get copies of any paper you file with the court. In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side.
4. Get Ready and Go to Your Court Hearing. Get Ready for Your Hearing. This section will tell you how to get ready for your hearing. Read Get Ready for the Restraining Order Court Hearing (Form DV-520-INFO) for more information.
5. After the Court Hearing. If the judge issues a restraining order at the hearing, or any type of orders, you will have to prepare a written order for the judge to sign.

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6 hours agoA permanent restraining order is a type of legal order that only a California judge can hand down. Permanent restraining orders are the most severe types of restraining orders in this state, and they have the most serious consequences. If your abuser won't leave you alone, you can petition a judge to issue a permanent restraining order against

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3 hours agoRestraining orders are issued by the court in Texas in order to protect a person from abuse, violence or stalking. In an emergency, the court can order a temporary restraining order granted ex parte to protect someone threatened with immediate harm. For a permanent order, the abuser must be served.

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9 hours agoRestraining Order Form to Fill Out. Fill Out, Securely Sign, Print or Email Your Restraining Order PDF Form Instantly with SignNow. the Most Secure Digital Platform to Get Legally Binding, Electronically Signed Documents in Just a Few Seconds. Available for PC, iOS and Android. Start a Free Trial Now to Save Yourself Time and Money!

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6 hours agoAn order of protection is more commonly known as a “restraining order.” A restraining order is a type of injunction. How to Get a Restraining Order. Restraining orders are filed at the clerk of the court. All solicitor are heard by the circuit court. There is no cost to file a restraining order.

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6 hours agoTemporary orders are granted only if you can prove to the judge through your testimony or petition/affidavit that you need one to prevent immediate harm to you or your family. A judge will assume that if you are asking for a temporary order you will also want a permanent order.

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8 hours agoA permanent restraining order oftentimes is against a person accused of harassment, domestic abuse, assault, or stalking. To make it permanent, it needs to be proven that the fear or danger has a possibility that it will not end. Although many times a permanent restraining order is in good faith, sometimes it issues unnecessarily.

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7 hours agoRule 65.03: Restraining Order. (1) When Authorized. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the applicant before the

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5 hours agoA restraining order is a court order that orders someone not to hurt you, to stay away from you, move out of the house, have no contact with you, or stop harassing you. How to get a restraining order. You start the process by requesting papers for a temporary restraining order (TRO). These papers are called the petition.

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Just NowJDF 400 R1/19 INSTRUCTIONS FOR OBTAINING A CIVIL PROTECTION ORDER Page 4 of 4 Step 5: Permanent Orders Hearing. Ask the Court for information or there may be a victim’s advocate program in your area that can provide help.

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1. Go to the courthouse and get the forms you need. You can find a list of county courthouses on N.C. Administrative Office of the Court’s website.
2. Fill out the complaint in detail, but do not sign it until you are before a notary public or clerk of court. Note that this is a civil complaint, you are the plaintiff and the abuser is the defendant.
3. Fill out the summons and help the sheriff’s office identify your abuser. In addition to being served the complaint, your abuser will need to be served a civil summons to appear in court.
4. Seek an ex parte/temporary protective order. At the time you fill out the complaint and summons, you can also seek an ex parte/temporary protective order.
5. Attend the hearing. When you file the complaint and summons, you will be given a date and time for the hearing on your protective order. Your abuser will receive a notice of the hearing with this information.
6. Extend or renew the order (if needed). A protective order lasts for one year from the date it is granted. However, you can seek an extension (or renewal) of the order.

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7 hours ago• First, you must obtain a temporary restraining order (TRO). The TRO lasts up to 14 days. It will state the date and time you must return to make the order permanent (the permanent hearing). • Second, you must return to court on the date indicated on the TRO for the court to issue a permanent restrain-ing order (PRO).

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800-787-32248 hours agoProcedures for registering a PFA order vary from state to state. A domestic violence program or the National Domestic Violence Hotline at 800-799-SAFE (7233) or TTY 800-787-3224 can give more information on how to register a PFA order in a new state.

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5 hours agoA protective order, more commonly known as a restraining order, can have long-term consequences that neither the person filing the order nor the person whom the order applies to can anticipate. Even if the former has a change of heart and wants it removed, it can be difficult to dissolve or expunge a restraining order in Colorado. If you’re considering filing a restraining …

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3 hours ago

Author: Jordan T.
1. What is a restraining order in Colorado? Civil courts issue restraining orders prohibiting contact between people to prevent further harm. The person the court order is meant to protect is called the “petitioner” or “victim.”
2. What is a temporary restraining order (TRO)? TRO are temporary civil protection orders that typically last 14 days. They are the first step to getting a permanent restraining order (PRO).
3. What is a permanent restraining order (PRO)? PROs are restraining orders that can last forever. Judges can agree to modify or recall them. But adverse parties must wait two years before asking.
4. What is an emergency protection order (EPO)? EPOs are restraining orders that last three days. The police can obtain an EPO for a victim when: The victim is in danger of domestic abuse or a sex offense, and.
5. How are civil and criminal restraining orders different? Civil orders are sought by victims. And judges will grant them if they believe the victim is in danger.
6. What happens if I violate protection orders? Violating a protection order is a criminal offense. Law enforcement may arrest an adverse party whenever the police have probable cause to believe he/she violated the terms of a PRO or TRO.
7. How do I get removed from a protection order? Adverse parties in civil restraining orders should contact an attorney right away. It is easier to prevent a TRO from becoming a PRO than to cancel an existing PRO.
8. Can restraining orders show up on background checks? Yes, they can show up in criminal records. And even if the adverse party was never convicted of anything, the employer/landlord/etc.
9. How much does it cost to get a restraining order in Colorado? Filing for a restraining order is free in Colorado as long as the person seeking the restraining order is either

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6 hours ago

1. Don’t Wait. If a person wants to get past the preliminary screening and receive a hearing, they must report an incident that took place in the past 30 days for the courts to consider it a legitimate matter of concern.
2. Run a Background Check. A person should run a background check on the other person to prove that they are a threat. If the individual has a criminal background, the judge will accept this as sufficient proof, which can help in getting a restraining order approved.
3. Get Witnesses. Gathering witnesses who can vouch for the abuse that the individual has suffered at the hands of the other person can help in getting the court to approve a restraining order.
4. Document Everything. The person should also document everything that occurs as evidence to support their claims. Proof can serve as the legal burden of proof and can include text messages, emails, social media posts, and any recorded correspondence.
5. Stay Composed Before the Judge. The best thing a person can do is to remain composed when they appear before a judge. It’s important not to get emotional to make an effective appearance, even when the perpetrator lies and denies the allegations.
6. Get Legal Representation to Handle Your Restraining Order. Attempting a restraining order request can be extremely difficult, especially if it is your first time doing so.

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8 hours agoA protective order in Georgia differs from a restraining order in many ways, but the most significant difference is that protective orders have a longer duration. Protective orders can include children, other family members, roommates, or romantic partners of the victim. Some orders can last one to five years while others may be for a lifetime.

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5 hours agoThe Permanent Restraining Order. A permanent protection order is not the same as a protection order or emergency order. In this case, the permanent order prevents someone from engaging in any further contact or violent acts against the victim. They cannot be within a specified number of feet from the victim, contact them using any channel

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Just NowHow to get a restraining order. To get a restraining order, you can contact an attorney, law enforcement, call an abuse hotline, go to the courthouse, or call 911 if you are in immediate danger. If you go to the sheriff’s office or the courthouse, they will provide you with forms to fill out to request the restraining order.

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7 hours agoThese orders are for one year, but the court can make the order effective for three years or establish a permanent order. Georgia’s family violence restraining order structure permits law enforcement, if authorized by the judge in the order, to remove an abuser from the household where they reside. 4 This makes the protective orders an

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9 hours ago

1. Types of Restraining Orders. There are four types of restraining orders in Florida that are intended to protect a victim. These four types of restraining orders are broken up entirely based on the relationship of the petitioner and the respondent.
2. Prepare and File the Petition for Protection in Circuit Court. Once the type of restraining order is selected the next step is to prepare the petition and file it in court.
3. Prepare for Court Hearing. The final court hearing will be scheduled at or near the 15 days of the filing of the restraining order. The temporary restraining order will be valid and enforceable upon the respondent once police have served him or her.
4. Attend the Hearing. If the respondent has been served with the temporary restraining order (along with the court notice for the hearing) and they fail to appear the judge will allow the petitioner to present the evidence.
5. Conclusion. It is important to understand that this court hearing is treated just like a trial and thus the rules of evidence apply to all evidence including testimony and written documents.

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9 hours agoThe restraining order process. Completing Restraining Order Online. The Riverside County Family Justice Centers can assist you with restraining and protective orders at NO COST. Please call to schedule an appointment or walk into any of our Centers for assistance. You may also complete a Request for a Domestic Violence Restraining Order online

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1 hours agoThe order lasts for up to 7 court days, which gives you time to get a more permanent restraining order. To do this, you can fill out template forms provided by the state, where you’ll include the name of the person you want restrained and the areas you want them banned from. An attorney will look over your forms at no charge at your court’s

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8 hours agoOklahoma Protective Order Laws & Statute. Protective Orders in domestic abuse situations are granted under the Protection from Domestic Abuse Act (22 O.S. §§ 60-60.20). Victim protection orders in cases of rape, forcible sodomy, a sex offense, kidnapping or assault and battery with a deadly weapon are granted under 22 O.S. § 40.2.

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5 hours agoCivil Protection Orders. A civil protection order may be requested by anyone from a court if there has been harm, the threat of harm, or an act of violence. The process involves first getting a temporary order from the court. A date to return to court will be given, usually two weeks later, for the permanent order.

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(908)-336-50081 hours agoContact the Tormey Law Firm. If any of those scenarios apply to you, then you have standing to apply for a temporary restraining order (TRO). You can do so by going to your local police department or to the Superior Court in the county in which you reside. For more information, contact the Tormey Law Firm directly at (908)-336-5008.

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2 hours agoTemporary restraining order. A temporary restraining order (TRO) is a short-term emergency order. To request one, you must already have a case on file with the court, such as a divorce or custody case. This is sometimes called the "underlying case." A TRO should only be used for extreme circumstances.

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2 hours agoPermanent Restraining Order. A permanent restraining order follows the issuance of the TRO. Before the restraining order is granted and valid, a court hearing is held where evidence is reviewed. The hearing will be held at the courthouse where the TRO forms were filed. If the hearing is not attended on the date and time listed on those forms

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8 hours ago

1. If you are a victim of stalking, harassment, domestic violence or sexual assault, filing a restraining order will get a court involved in your situation. While the law may vary in different states, you can generally apply for a restraining order with the court in the county where your potential abuser lives. A restraining order, also called a protective order, is a legal order issued by a court requiring a person who is a threat to stay away from you or risk arrest. Restraining order requirements and procedures vary from state to state, but all restraining orders are issued to stop another person from harming or harassing you. In general, a protective order permits a court to order your abuser, at a minimum, to stay away from you, your home, your workplace or your school and to stop contacting you. In addition, victims can ask the court to order that all contact be ceased, whether by telephone, notes, mail, fax, email, or delivery of flowers or gifts.

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3 hours agoA Permanent Restraining Order is in effect upon issuance by the court, even though there is no proof of service. The same rules of arrest apply as above. Child Custody. One of the most volatile situations involve child custody disputes. When a disagreement occurs over which parent or guardian should have custody of a child and you are asked to

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7 hours agoA restraining order can order temporary custody and parenting time. To get long-term custody and parenting time orders, including child support, you will need to file a family law case, such as a divorce or a custody case. Check with your court for forms to file a family law case or go to . www.courts.oregon.gov .

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7 hours agoForms for Asking for a Disorderly Conduct Restraining Order. North Dakota Century Code § 12.1-31.2-01(10) allows a state’s attorney to advise and assist any person with preparing the documents to petition for a restraining order. You may wish to contact a state’s attorney for assistance. Instructions; Petition for Disorderly Conduct

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Just NowA Restraining Order is a court order that protects people from harassment. You can ask for this court order if you are worried about your safety because someone stalked, harassed, threatened you with violence, financially abused you, or sexually assaulted you. The court can order a person not to: Threaten or harass you, contact or go near you

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Frequently Asked Questions

How can I Lift a permanent restraining order?

  • The victim's consent. ...
  • The victim's fear of the defendant. ...
  • The nature of the relationship between the parties. ...
  • Contempt convictions. ...
  • Other violent acts. ...
  • Involvement with drugs and alcohol. ...
  • Domestic violence counseling. ...
  • Defendant's age and health. ...
  • Victim's good faith. ...
  • Protection orders in other jurisdictions. ...

More items...

How do I get rid of a permanent restraining Ord?

Part 2 of 2: Filing to Dissolve the Restraining Order Download Article

  1. Get the appropriate forms. Most states have "fill in the blank" forms that you can use in order to file a motion to dissolve a restraining order.
  2. Fill out the forms. The forms may ask for slightly different information, depending on your state.
  3. Sign the form. ...
  4. File the motion. ...
  5. Get a hearing date. ...
  6. Serve notice on the other party. ...
  7. Attend a hearing. ...

What are the criteria for a restraining order?

A restraining order, also called a protective order, is a legal order issued by a court requiring a person who is a threat to stay away from you or risk arrest. Restraining order requirements and procedures vary from state to state, but all restraining orders are issued to stop another person from harming or harassing you.

How to file a temporary restraining order?

  1. Find the correct court. You can get a temporary restraining order by going to the appropriate courthouse.
  2. Ask the clerk for forms. Getting a temporary restraining order should not be difficult. Most courts have tried to make the process as simple as possible.
  3. Complete the forms. You should print as clearly as possible. Use black ink or type using a typewriter.
  4. Sign the petitions. You need to sign every document that you submit to the court. Check your form to see if you also need to get the form notarized.
  5. File the petitions. You should make several copies of your petitions and take the copies and originals to the court clerk.
  6. Schedule a hearing. Even if you get a temporary restraining order, the judge will hold a hearing before giving you a permanent restraining order.
  7. Serve notice on the abuser. You need to give the abuser a copy of the petition, as well as other information.
  8. File your Proof of Service. Some courts will require that the person making service on the abuser complete a Proof of Service (or Affidavit of Service) form and return ...
  9. Distribute copies of the temporary restraining order. Keep one copy for yourself. Carry it with you at all times.

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