DECEMBER 21ST 2012 @ 10:01AM HOW TO FILE A RESTRAINING ORDER

restraining order is a legal injunction against another
individual. Victims obtain restraining orders against an abuser to protect
themselves from further incidents. Restraining order laws differ by state, but
orders can usually be obtained to prevent an abuser from contacting, visiting
or continuing to abuse the victim. If the abuser violates the restraining
order, victims have legal protection and a documented record that allows them
to take legal action against the abuser. You can attempt to obtain a
restraining order against a person for incidents of mental or physical abuse,
harassment and threats of abuse.

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ead more: How to Write a Restraining Order | eHow.com
www.ehow.com/how_6712571_write-restraining-order.html#ixzz2FNNDK3pHThings
You’ll Need

Detailed account of abuse or threatening incidents
Restraining order application An extra sheet of paper

Instructions

1.      
 Go to
your local court and speak with a court clerk. The clerk will give you
information specific to your area and an application for a temporary
restraining order.

2.      
Fill out the personal information section of the
application. Include your full legal name and current contact information.
Provide a cell phone number or another number where you can be reached.

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3.      
 Use the
extra sheet of paper for notes on violent or threatening incidents involving
the person against whom you are taking out the restraining order. Include
dates, criminal behavior and injuries that resulted from the incidents. Write
details of the most recent incident and previous incidents that demonstrate the
abuser’s threatening behavior.

4.      
 Using
your notes as a guide, write your statement on the temporary restraining order
application. Begin with an explanation of why you are seeking a restraining
order. Include the abuser’s criminal history and any violent behavior. Add
dates of arrest or case numbers if any are available.

5.      
Describe the most recent incident of abuse.
Include dates and times, descriptions of weapons, details of violence and
quotes of threats.

6.      
 Include
custody arrangements for any children involved if the abuser is a parent or
guardian. Clearly state any threats of violence against the children or unsafe
behaviors that may threaten their well-being.

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Tips & Warnings

Document details of abuse before beginning your official
statement. The more details you include, the better the document will be. Avoid
personal recriminations such as “He swears a lot” or “She lies
to me” that are not punishable by law. Stick to facts of violence and
threats of violence.

Make sure all information is factual to the best of your
knowledge. Restraining orders are legal documents and their contents can be
used against you in court.

more: How to Write a Restraining Order | eHow.com
www.ehow.com/how_6712571_write-restraining-order.html#ixzz2FNNbb9TKThings
You’ll Need

County’s restraining order forms

Instructions

1.      
Write your reason for filing. Start your
statement by describing your relationship with the person you want a
restraining order against. Also state why you feel there is a need to get a
restraining order.

2.      
 Document
the person’s criminal history. If the person has a criminal history that you
know of, make sure you obtain those records. Get case numbers, police reports
and all dates if possible. Summarize this history in your statement. Attach all
documentation you can to your statement.

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State a recent and/or worst incident against you. Giving the
most recent incident against you lets the court know how current the problem
is. Giving the worst incident against you can give the courts an indication of
the possible danger you may be in. State all threatening quotes, dates,
physical abuse, sexual assaults and all injuries you sustained. Attach all
police reports if available.

Describe your level of fear. Express what you feel the
consequences will be if you do not get a restraining order. Describe how
difficult your life is and will be living with this fear.

File the statement with all required forms. You can file
your package with your county’s clerk office. The judge may give you a temporary
restraining order against the person while you wait for the hearing. Be sure to
document all violations of this temporary restraining order if any.

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Tips & Warnings

If the circumstances seem over your head, seek legal advice.

 

Stop all interaction with the person you are serving the
restraining order with. Any communication with this person can hurt your case
or worse — put yourself in danger.

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Read more: How to Draft a Temporary Restraining Order |
eHow.com
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