Filing Your Harassment Restraining Order Petition

To file a petition you need to go to the courthouse, and bring all the documentation you have. Filing the petition requires justification, the log of events you have hopefully been keeping is the justification. Each state has different forms for filings the petition. Before going to the courthouse, you can get these forms from the state web site to expedite the matter in the courthouse.

You then sit around the courthouse until a judge can look at it. Based on the petition the judge will grant or deny the restraining order right there, or, the third possibility is the judge setting up a hearing date to hear the case for the order. If you are the victim of a crime, such as an assault, it is very likely you will be granted a restraining order, though it may be a temporary restraining order and then have a hearing set up as well.

Be aware however, that any documentation you submit will be given to the person being petitioned. More often than not, according to the police, if you file one on person x, person x will turn around and file one on you the next day just out of spite, regardless of any evidence.

Be Specific

If you feel you need protection in common public places, such as community events, community meetings, local stores you both frequent, schools or other places, you must make a point of mentioning those in your petition and the reason for your concern.

If you feel your child is at risk in places you are not with them, such as school, daycare, park programs or the like, specify those places as well.

What we have found is that the original restraining order will be pretty sweeping, I assume because the judge assumes the other party will come forward to fight it anyway, so erring on the side of caution until then, the original petitioner likely has the most validity.