When is a restraining order needed

Any mistakes or errors will only delay the process. Keep at least five copies of every form and keep one with you at all times. Once copies are made and forms are filed, the order is served to the abuser. This is done by a court official, police officer or deputy marshal in person before the deadline. Once the order is officially served, a court date is set. Prepare yourself for your court date. Be honest and bring any evidence or witnesses along if you can.

Get more detailed information about how to file a restraining order. It can affect their ability to get a job, find housing, limit gun ownership rights and damage their reputation.

Make sure you have a good reason to file a restraining order. Courts generally side with the victim in domestic violence cases, but some states penalize you for false allegations.

Domestic violence is no joke. Anyone who feels threatened by the actions or words of a partner, ex-partner or close relative should consider filing a restraining order.

Call us at for more advice and information on laws about domestic violence, child custody and how to file a restraining order.

Has someone harassed or stalked you? Are you in an abusive relationship? It might be time to file a restraining order. Check out this guide to learn if you should. What Is a Restraining Order?

Can I get an OFP for someone else who is being abused? What is an Ex Parte Order for Protection? Do I need a court hearing to get an OFP? What happens with custody or parenting time? How does the Court decide temporary custody and parenting time? How long does an OFP last?

Can the abuser keep his guns? What if I am on public assistance? What are my rights if I am not a U. Chapter 2. How do I get an OFP? The Court Hearing How do I get ready for the hearing? Can I take time off work to go to the hearing?

Tips for going to court What does the judge do at the court hearing? What happens if the abuser shows up with a lawyer? Mutual Orders for Protection What happens at the trial? Chapter 4. Where should I keep copies of my OFP? What if I disagree with the decision? What if the abuser violates my OFP? Does the OFP end if I let the abuser into my home? What if I have a protection order from a tribal court? Can I take other legal actions against the abuser? Chapter 5. My abuser promises he has changed and I should stop the OFP.

Should I? My OFP expires soon. Chapter 6. What if I work or live in another state? I need to move to be safe. Can I break my lease? Chapter 7. What is harassment? Who can get a harassment restraining order? How does an HRO protect me? How do I apply for an HRO? Do I need a court hearing to get an HRO? What happens at the hearing? What if the harasser violates my HRO? Where should I keep copies of my HRO? Chapter 8. Criminal Charges Against Abusers Has a crime been committed? What should I do?

Why would I want to have the abuser charged with a crime? What if I decide I do not want the abuser charged with a crime? Chapter 9. View or print documents. Statement by qualified third party PDF Chapter 1. It can also: make the abuser leave your home keep the abuser away from you order temporary custody or parenting time visitation order temporary child support or spousal maintenance An OFP is not a criminal case.

Here are examples of each of these kinds of domestic abuse: 1. Physical harm includes:. This includes: Your husband or wife Your ex-husband or ex-wife Anyone you have a significant romantic or sexual relationship with Any blood relative Anyone you live with now, or have lived with Your parent Your child, if they are more than 18 years old The father or mother of your child or unborn child This information applies to all people regardless of sexual orientation. You can apply for an OFP for a child in your family or household.

Getting an OFP for a Minor. You can apply for an OFP for a child if you are their parent or guardian a family or household member age 25 or older You can apply for an OFP for yourself and a child if you both have been abused or threatened.

The court may also want you to call Child Protection if a child was harmed or threatened. What protections can an OFP give me? You can ask the court for many different things to help keep you safe. Here are some examples: That the abuser cannot harm or threaten you, your child, or anyone in your home.

That the abuser cannot contact you in person, by email, phone, messaging, social media, or use another person to contact you. That the abuser has to leave your home, even if you left to stay somewhere else for a while. That the abuser has to stay away from where you work, live, and go to school. That you have temporary custody of your children. Order temporary child support. Order temporary spousal maintenance alimony.

Order the abuser to go to counseling or treatment. Order counseling or other social services for one or both of you, if you are married or have children. Give you the temporary right to keep or use certain property like a car. Order the abuser not to sell, give away, destroy, or harm property. Order the police to help you get your things out of the home. Order the abuser to pay for costs you have had because of the abuse. This can be medical bills or the cost of replacing damaged property.

Order the abuser to keep insurance for you and your child. In some cases, you can get an OFP without having a court hearing. A hearing is required if you want: custody of your child no parenting time or supervised parenting time for the abuser financial support personal property payment of your costs from the abuse the abuser ordered into counseling or treatment the abuser to give up his guns In most cases, you have a hearing within 14 days.

The court can make temporary decisions on custody and parenting time at the OFP hearing, if you and your abuser: are married signed a Recognition of Parentage ROP had a paternity or custody case If you are worried about the child being with an abusive parent, tell the court why the abuser should not have custody or parenting time. Does the child have any special medical, mental health or educational issues?

What does the child want? The willingness and ability of each parent to care for the child. How each parent has taken care of the child in the past? How well the child is doing where they live now. If the court decides your safety or the safety of the child is at risk the court has to: order supervised parenting time and set specific rules.

The court has to say the time, place, and how long the visits will be. The court has to say who will supervise the visits. OR deny parenting time. The abuser does not have to turn over their guns if: Your OFP was issued without a hearing You have an Ex Parte OFP Notice was not given to the abuser The abuser was not given a chance to have a hearing If a criminal court convicted the abuser of domestic assault and the abuser used a gun during the assault the criminal court can stop the abuser from having guns.

Your plan can include activities that: protect you and your family help your family overcome the effects of the abuse lower the number of hours you have to do for work activities. Proof is Your sworn statement AND 1 of these: - OFP - medical record - police report - sworn statement from someone else who knows about the abuse.

Steps for getting an OFP. The courthouse you go to can be in any of these places: the county you live in OR the county your abuser lives in OR the county where the abuse occurred OR the county where you have a family court case You do not have to pay a filing fee.

You do not need a lawyer. The rest of this chapter tells you the steps to take to get an OFP. You give basic information about yourself and you describe the domestic abuse. You do not have to put your address in the affidavit. You can ask the court to keep your address confidential.

The Petition tells the court what you want the court to do. You list the things you want the court to order in the OFP. There are 3 ways to get your forms: Go to the courthouse and tell them you want to file an OFP. A court clerk gives you the forms you need. In Hennepin and Ramsey counties, there are special offices at the courthouse to help you apply for an OFP. This help is free. This program helps you create the forms to ask the court for an OFP. It works by asking you questions.

It uses your answers to fill out the forms. After you give the court background information about you and anyone else who needs protection, you: Describe the abuse Tell the court what kind of protection you need and why 1. Describe the Abuse - Give Details There are many different kinds of abuse. Use specific dates. Where did the abuse happen? At home? In your car? At work? Were you physically harmed? If so, tell the court how you were hurt.

Did your abuser hit you with a closed fist? Did they slap you with an open hand? Did they push you on the chest and you fell backwards?

Did you have any injuries? Tell the court about any bruises, cuts, or red marks. Did you get a bloody nose or cut lip? Is your arm sore from where they grabbed you? Did you go to the doctor? What did your abuser say? Use the exact words of a threat. Even if your abuser swore or called you names, you should still put their exact words in your forms. What was their body language? Was their face red from yelling? Were they standing over you with their hands in fists?

Only a judge can decide if you get the OFP. They are likely only telling you they do not think a judge will give you an OFP. You should ask why he or she thinks you should not ask for one. Their reasons may help you fix a problem in your forms. The judge can only give you an OFP if your abuse meets the legal definition of domestic abuse.

You may have forgotten to include some information that meets the definition. STEP 5: Find out if a hearing gets scheduled. STEP 6: Go to the court hearing. If you asked for a hearing, it must be held within 7 days from when the judge signs the Ex Parte OFP.

If you did not ask for a hearing but the abuser did, the hearing must be scheduled between 8 and 10 days from when the abuser asks for it. Chapter 3. Evidence: If you have evidence that you want the judge to look at, start getting your papers together.

Evidence can be photos of your injuries, police reports, medical reports, or messages from your abuser. One for the judge, one for the abuser, and one for you. Evidence to bring to court can be: Police reports and medical records Things the abuser damaged like a broken phone or torn clothing Threatening texts, social media posts or letters Photos of injuries or damaged property too big to bring to court Receipts showing costs you had to pay because of the abuse.

Like a new lock, repairing the wall, buying a new phone or medical bills. Witnesses: Witnesses are people who saw the abuse or your injuries or heard you or your child being threatened. See if you have any witnesses that can come to the hearing. If police or the sheriff were called, they can be witnesses. So can the doctor or nurse that treated your injuries. If you want to show the judge a police report, ask the police officer who wrote the report to come to the hearing.

Police officers are usually very helpful and cooperative. What if a witness doesn't want to come? Practice: Read over the forms you filed to get ready for what you want to say.

It may help to talk about what you want to say with your advocate or someone else you are comfortable with before the hearing. Remember to be specific and give lots of details.

Use a checklist to help prepare your story. Describe the most recent abuse first. Tips for going to court. How you act in the courtroom can make a big difference in your case. Here are some tips: 1. Arrive early. Check with the court clerk for the location of the hearing. Dress in neat and clean clothes. This shows respect for the court. Be calm and polite with everyone in the courthouse, even the abuser. Be serious at all times in the courthouse.

Treat the judge with respect. Give details. Do Not argue with the judge interrupt the judge argue with the abuser interrupt the abuser. What does the judge do at the court hearing? Many judges begin the hearing by giving the abuser 3 choices. Mutual Orders for Protection. Be careful! What happens at the trial? Try to answer these questions during your testimony: When did the abuse happen? Where did it happen?

Who was there? Was it just you and the abuser? Was anyone else present during the abuse? What happened? Were you injured? Did you see a doctor? Were you threatened? What did the abuser say? What was their tone how did they say it? Was your child there? Were they hurt or threatened? How did they react? Are you afraid of the abuser?

The abuser or his lawyer can ask you questions. If you brought a witness, they tell the judge what they saw or heard. Examples of questions to ask your witness: What is your name?

Where were you on the date of the abuse? What did you see? What did you hear? How was I acting? How was abuser acting? How was my child acting? If the witness brought documents to show the judge, ask them to give the documents to the judge.

The abuser or his lawyer can ask your witness questions. The abuser presents his case. If your abuser brought a witness, they tell the judge what they saw or heard After his testimony, the abuser can have his witnesses testify. If you dismiss the OFP you can only get a new one if there is more abuse. You can get your OFP renewed if: the abuser violated the order OR the abuser has harassed you OR you are still afraid of the abuser OR the abuser is about to get out of jail or prison You do not have to show there have been new acts of domestic abuse.

Pay rent for the month you move out. You lose your security deposit. The landlord keeps it in return for letting you break the lease. This letter must be from a court law enforcement a licensed health care professional a domestic abuse advocate OR a sexual assault counselor If you have questions, contact a legal aid office or a domestic abuse advocate. This can be: threatening to hurt you or your property repeatedly calling you stalking or following you repeatedly mailing or delivering objects to you one time physical or sexual assault harm sending your private sexual pictures to someone.

A parent or stepparent can get a harassment order for a child, if the child is being harassed. The courthouse can be in the county you live in OR your harasser lives in OR where the harassment occurred You do not need a lawyer.

Ask the court for a fee waiver. This form asks the court to lower the fee or waive it so you don't have to pay. You can ask the court clerk for a list of the crimes. You give basic information about yourself and you describe the harassment. You list the things you want the court to order in the HRO. They need to find the harasser to serve him or her with your forms.

There are 3 ways to get your forms: Go to the courthouse or and tell them you want to file an OFP. In Ramsey county, there is a special office at the courthouse to help you apply for an HRO. OR Get the forms online so you can fill them out before going to the courthouse. This program helps you create the forms to ask the court for an HRO.

In your forms, tell the court When did the harassment happen? What was the harassment? For example: - I saw him sitting in his car outside my house every day for the last 5 days.

What types of orders of protection are there? How long do they last? What protections can I get in an order of protection? Who is eligible for an order of protection Who can get an order of protection?

Can I get an order or protection against a same-sex partner? How much does it cost to get an order of protection? Do I need a lawyer? What if I do not qualify for an order of protection? Steps for getting an order of protection Step 1: Go to the superior court and fill out the forms. Step 2: A judge will review your petition and can issue you a temporary order Step 3: Service of process Step 4: The "show cause hearing" for a permanent order After the hearing Can the abuser have a gun?

What should I do when I leave the courthouse? What can I do if the abuser violates the order? Can I change, extend, or cancel the order of protection? What happens if I move? Is my order still effective? How do I know if my order of protection is good under federal law? I have a preliminary ex parte order. Can it be enforced in another state? Getting your order of protection enforced in another state How do I get my order of protection enforced in another state?

Do I need anything special to get my order of protection enforced in another state? Can I get someone to help me? Do I need to tell the Court in Guam if I move? Enforcing custody provisions in another state I was granted temporary custody with my order of protection.