3 Common Mistakes in Filing a Domestic Violence Restraining Order

What do I Need to put a Restraining Order on Someone

Restraining orders are court orders that prevent an individual from communicating, harassing, or coming near you. In normal circumstances, if someone you fear comes near you but does not threaten or hit you, the police can’t do anything about it. If, however, you have a restraining order against that person, their mere presence alone is enough for the police to arrest them.

But filing a restraining order can be tricky. I’ve seen many mistakes by people that could have been easily prevented. Below are three common mistakes that you want to avoid in filing for a restraining order.

Failing to State The Reason for Ex Parte

An ex parte proceeding means that you have not given notice to the other side that you are going to court to file for orders. You normally have to give 24 hours notice to the other side. However, in cases where there is domestic violence, the court will permit you not to give notice as long as there is some emergency that you are in fear of your partner. One big mistake is that people do not state this emergency as a reason for not giving notice. This results in the clerk telling the person to return the next day after giving notice. 

This obviously presents a problem because now the person you are seeking protection from knows that you are filing a restraining order against him and will dodge service when you try to serve him with the paperwork.

Waiting Too Long to File

Another mistake is for applicants to wait two weeks after the incident to file for a restraining order. This doesn’t meet the imminent harm requirement of a domestic violence restraining order. Judges want to see something that happened so recent that you need the order as soon as possible. If you wait too long you might miss your chance to get the protection you need.

Not Enough Details

You need to tell the judge what happened in exact detail. If you merely put that your partner was being “abusive” it is not good enough. If you tell the judge that your partner “threatened me” it is not enough. Judges want details: how did that person threaten you? What did he say? Did she attack you? Were there injuries? Where were you hit? How many times? Did you go to the hospital? Judges see hundreds of restraining orders filed every week. Don’t hide the ball: tell them the emergency in the first sentence of your declaration and make it easy for them to find the facts.