Things To Think About When Considering A Harassment Restraining Order Petition

Petitioning to get a restraining order is a big step that should not be taken lightly, a few things should be considered before deciding to take that step into the legal environment or not.

We ended up waiting for about two years until deciding to file our petition for a restraining order. It was when my wife was actually assaulted ("assaulted" based on the legal description in our area, it was actually charged out as disorderly conduct) then we said enough is enough, and went ahead and did it.

Before that, we likely should have, and did talk to the police many times. We got conflicting advice from different officers, both with valid reasons for their personal opinions. Of course, this advice was received before any assault took place. After an assault, everyone is pretty much in agreement.

Officer #1 suggested we don't go that route because it makes trouble for the whole neighborhood. People start taking sides, kids get involved and the police start being called for every little thing that happens, wasting the police department's time.

Valid concerns and opinions by my way of thinking, though, our only goal was to protect ourselves, not call the police for every stupid little act of idiocy, but the officer was speaking from their own personal experience. And just because we wouldn't call the Police for everything doesn't mean the other party wouldn't.

Officer #2 suggested we petition because "ya gotta do what you gotta do". That officer had a more aggressive approach to dealing with issues like this and suggested if it ever did escalate to physical violence, having that order would assure a stiffer penalty and further protection for our family.

Valid concerns and points leaning on the side of "watch your own back", which I respect and personally agree with moreso now in hind site.

One thing they both cautioned us regarding, as did our original lawyer, is that 99% of the time, when one party petitions for a restraining order, whether granted immediately, or is set up for a court date, the other party will petition for their own as well. In addition, the majority of the time a judge will end up just awarding both sides restraining orders and be done with it. In our case, however, we have never had a court order against us through this entire ordeal, so it doesn't always work that way.

With that said, if you are in a position that a restraining order on your record would hurt you socially or professionally (such as a public official, teacher, pastor of a church or the like), you may want to consult a lawyer and weigh your options and consider how strong of a case you have and how weak theirs is.

Consider the expenses as well. While there is no price on personal security, there is a limit to your pocketbook (I assume). It could easily get into 5 digits if it goes on long, almost guaranteed a couple thousand dollars for even a small case.

Considering the expense, think about how much risk you are actually at. Is your adversary actually a physical threat or just a pain in the ass? If just a pain in the ass but you don't feel under any immediate threat, it may not be worth it, you be the judge.