Restraining Order Explained  

A restraining order is a written instruction from the court that informs an individual who is harassing you or the ‘respondent’, to leave you alone. It has the power to direct the respondent to maintain the specified distance from you and your home, work place, your children’s school or day care provider.

Often a restraining order is used to handle issues related to child custody and/or parenting time, though it can only be a temporary solution, till proper custody and parenting time orders are issued by the family court. A restraining order can be filed in your county’s courthouse, and it is issued for free.

Once you have got the relevant forms in your hands, make sure you have read everything carefully. Fill them out in legible handwriting, using a black or blue ballpoint pen. It is important that what you have filled in is only the truth. If you need assistance, consult an advocate or a court facilitator. Next, the judge will go through your application, and will then ask you a few questions.

Once the restraining order has been issued, remember to collect copies of it from the court staff, and then have one copy is delivered by hand to the respondent. This can be done by a private process server, a sheriff’s deputy or any individual who lives in the same state as the respondent.

Under no circumstances does the law allow you to serve the papers personally, so do keep that in mind. That the person against whom the restraining order has been issued is in possession of a copy is very important, since unless the person has been served, he cannot be arrested if he violates the terms of the order.

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Restraining-Order-Requirements      A restraining order is probably the solution you need if you are being harassed by a stalker, or are exposed to circumstances that lead to sexual assault or domestic violence. It involves seeking legal help from a court in preventing the person from continuing with his or her actions, and is mostly effective in keeping the situation under control. More..




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