How to get a restraining order

How to get a restraining order
The Awareness Center's Daily Newsletter - Jan. 18, 2003

Learn how to file a restraining order. When you have been abused or assaulted, one of the best ways to protect yourself is to file for a restraining order with the courts.

Difficulty Level: Average    Time Required: 1-2 Days


Here's How:

1. Visit a crisis center or domestic abuse prevention facility in your area and talk to an advocate about your restraining order. Do not try to do this by yourself. The advocate will have blank copies of the form.
2. Get the forms necessary for filing the restraining order in your jurisdiction and read them carefully along with your advocate.
3. Fill in all the information required on the restraining order forms. Tell the truth and give accurate names, dates, addresses and phone numbers. Especially important are details about threats and actual violence.
4. Show your advocate any evidence you have collected: photos of bruises, police reports, doctor's reports, tape recordings of telephone conversations, etc.
5. Follow your advocate's advice on how to present your evidence so the judge can allow it and give you the strongest possible restraining order.
6. File your OFP or HRO request form with the court administrator where your advocate takes you. Tell the clerk how you want to receive your copy of the approved restraining order.
7. The judge will look over your restraining order request forms during a break in his schedule. If he is convinced, he will sign a temporary restraining order. This is called an "Ex Parte" ("ex par-TAY")order, and is good until the hearing.
8. Follow your advocate's advice on how to be safe as the police deliver a copy of the restraining order to your batterer. Statistically, this is the most dangerous time for you.
9. The restraining order does not take effect until the perp gets his copy. If he comes near you before he is served, he is not guilty of a violation. However, that is a good opportunity for the police to serve him. Call 9-1-1.
10. You will be notified when the perp is served. From that moment, be ready to call 9-1-1 and report even the slightest violation of the order. Keep your copy of the restraining order with you at all times.
11. Get copies of the restraining order and give them to whoever needs to know: your landlord, your boss, the principal of your children's school, etc. Tell them to call 9-1-1 if they see your perp.
12. An official hearing will be scheduled, usually within 10 days. This is where the judge will decide if the Ex Parte restraining order should be made official, and extended to one or two years.
13. Attend the hearing with your advocate. Follow your advocate's advice on how to testify. Your perp will have the opportunity to present his side. Any witnesses must be present to testify.
14. Hopefully, the judge will grant the long-term restraining order even after hearing the perp's side of the case. If an OFP, ask for detailed instructions on what the perp can and can not do.
15. Carry a copy of the approved restraining order with you at all times. Report even the slightest violation of it. And celebrate. You now have some powerful friends.

Tips:

1. This advice is based on Minnesota law. Check with an advocate to make sure it accurately reflects the laws in your state.
2. Remember, an OFP or HRO is a legal document. Know who to call to enforce it.
3. The restraining order is between the judge and your perp. Even if you invite the perp to come back, he will be arrested unless you officially cancel the order.
4. The restraining order only goes one way. It is against your perp, restricting his actions. It is not against you.
5. Again, go find an advocate and work with her. Do not try to file a restraining order by yourself.

All About Restraining Orders

All About Restraining Orders

The Awareness Center's Daily Newsletter - Jan. 18, 2003

Part 1: The Differences Between OFPs and HROs

Orders For Protection (OFPs) and Harassment Restraining Orders (HROs) are terms often used interchangeably by the general public. There are actually important differences between these legal documents. Filing a restraining order can be one of the most important things you can do to move toward a safe life.

OFPs and HROs are court documents against your abuser, rapist, stalker, or assailant. The documents order the perpetrator to stay away from you and spell out penalties if they violate the order. OFPs and HROs give you some powerful friends. Both are an order from a judge (representing The People) to your perpetrator. If the perp violates the order, then it is not just your problem any more. The entire power structure of the county rises up to enforce the order and protect you.

OFPs and HROs have gotten some bad press over the years. Dear Abby used to say they weren't worth the paper they're written on. While that may be overstating the issue, it is important to know what they can and cannot do. Statutes can and do vary by state and country. It's important to contact an advocate or attorney to learn about the specific laws where you live.

THE DIFFERENCES
In Minnesota, an OFP is stronger than an HRO. It provides more protection, specifies how far the perpetrator has to stay away from you (and your children, if applicable), allows applications for monetary compensation, and deals with temporary custody of children. An OFP can be amended after it is granted, allowing you to change it as your situation changes. But the OFP can only be used against someone who is related to you in some way: husband, boyfriend, someone with whom you have had a significant sexual relationship, someone with whom you have had a child, or someone with a blood relationship to you, such as a sibling or parent. The OFP is also complicated. It can take two and a half to three hours for a trained advocate to properly fill out the forms.

The paperwork for an HRO can usually be completed in an hour or less. The Minnesota version is only two pages long. It simply asks for details of the harassment. If granted, an HRO tells the perpetrator to stop doing whatever he's doing. There are no contingencies for compensation, there are no details about maintaining distance, and HROs don't address custody issues. HROs can not be amended. This isn't a big weakness, because there isn't much detail to amend. Filing an HRO costs over $100, although any crisis center can get the fee waived for you. Generally speaking, you would only choose an HRO if you don't qualify for an OFP.