Anyone who has ever been the victim of an assault can vouch for the fact that it is downright traumatic. Filing a restraining order is often the first step victims usually take. This saves them from any future harm.
How does the process work? What steps must you take to make it easier and less stressful? Here’s a guide that answers all your questions. Keep reading for a step-by-step breakdown of how to file a restraining order after an assault.
Understand the Meaning of a “Restraining Order” and its Types
A restraining order, also known as a protective order, is a legal document. This is often issued to protect people from physical harm, threats, harassment, or stalking behavior. Getting a restraining order after an assault makes the attacker stay away from you, your family, and your workplace.
You might also stumble upon various types of restraining orders. The one you choose depends on your situation. Some types include;
- Emergency Protective Order (EPO): Authorities issue this order immediately following the assault. It usually follows police intervention and lasts a few days.
- Temporary Restraining Order (TRO): Offers quick protection for a few weeks until the court hearing.
- Permanent Restraining Order: This is granted after a court hearing. It can last for several years or even indefinitely.
After an assault, people often begin with an Emergency Protective Order. Then, they may get a Temporary Restraining Order. If needed, they can pursue a Permanent Restraining Order.
Gathering Necessary Documentation
If you want to get a restraining order, you might need to gather evidence relating to the assault. This involves documents like:
- Police reports or incident reports providing details of assaults.
- Medical records that document your injuries, if any.
- Photographic evidence of injuries or damages, if any.
- Witness statements, if available.
- Texts, emails, voicemails, or any other kind of harassment received from the assailant.
The clearer and more organized your evidence, the stronger your case. It helps the judge understand exactly why you need the protection.
Visit Your Local Courthouse and Fill the Restraining Order Forms
You typically file restraining orders at your local courthouse. You would be required to visit the courthouse’s civil or family division and inform them of your needs i.e. the restraining order. Court clerks are typically accommodating and can guide you through the necessary paperwork.
If you aren’t sure about the process or are feeling overwhelmed, just ask the clerks for help. Courthouse staff or local victim advocacy groups can often assist you. One of the steps people usually find most confusing is filling out the forms. These include;
- Your information (name, address, phone number)
- The assailant’s information (name, address, physical description)
- A detailed description of the assault or abuse, including dates, times, and places
- The specific type of protection you’re requesting (e.g., no contact, stay away from home/work)
Be as honest and clear as you can be in your descriptions. Courts rely extensively on the accuracy and detail of these documents.
File Your Forms and Attend a Hearing
Once you submit your forms, a judge typically reviews your request with urgency. Sometimes, this happens the same day. If they need immediate protection, they may issue a Temporary Restraining Order. The court will schedule a hearing within a few weeks to decide whether to extend the order.
During the hearing you must;
- Clearly state your reasons for needing continued protection.
- Present your gathered evidence.
- Be prepared for the assailant to also present their case.
Practice your testimony ahead of time. Make sure your statements are clear, concise, and factual.
Serving and Enforcing the Restraining Order
After a restraining order is granted, law enforcement or a process server must inform the assailant. Never attempt to serve the restraining order yourself. The order is not enforceable until served.
Keep copies of your restraining order with you at all times. If the assailant violates the order, contact the police immediately. Violations can lead to arrest, fines, and potential jail time.
Make sure you document every violation, regardless of its severity, and report it without delay. This helps ensure ongoing protection and accountability.
Consider Legal and Emotional Support
You can file a restraining order by yourself, but a good assault lawyer can help you succeed in getting and enforcing it. Lawyers familiar with assault cases can offer important legal advice. They are able to easily represent you in court and help with complicated legal steps.
Beyond legal protection, assault victims often require emotional support. Contact local victim advocacy groups, counsellors, or support teams. They can help you heal emotionally and mentally after the assault. These groups can also assist with safety planning, providing advice and strategies to keep you safe.
Frequently Asked Questions
Q. How much does it cost to file a restraining order?
A. Filing fees are typically minimal or waived entirely for victims of assault, though costs can vary by state and county. Check with your local courthouse for specifics.
Q. How long does the restraining order process take?
A. Temporary orders are usually granted quickly, often within 24-48 hours. Permanent orders require a court hearing, which typically occurs within a few weeks.
Q. What if the restraining order is violated?
A. Contact law enforcement immediately. Violating a restraining order is a crime, and authorities take it seriously. Always document violations thoroughly.
Final Thoughts
Filing a restraining order after an assault can seem tough. However, knowing each step makes it easier. Remember, you are not alone. You can find helpful resources, legal support, and community advocates to guide you safely through this tough time.
Remember, you are just one good lawyer away from winning this case and getting the restraining order you need. It is best to approach the court proceedings with confidence and reach out to a law firm who knows what they are doing.
Make sure your documentation is complete without any loopholes. That’s a surefire way to success!