A restraining order comes from the court and mandates certain requirements for one party. Typically, the party who must abide by the order stands accused of some type of abuse toward the filing party.
The restraining order will usually require the parties not to come into contact, which includes any type of communication. The process of securing a restraining order is fairly straightforward.
Filing
If you want to file for a restraining order, you will do so with the court. You do not have to pay a fee.
Hearing
There is no hearing where you or the other person has to be present right away. A judge will review the filing and make a decision fairly quickly. This will usually happen within a day as long as it is a business day.
Next steps
If the court decides to issue the order, it will be temporary. You will have to go to court later to prove your case to keep the order in place. You also must serve the other party with the order. You cannot do this personally. An adult must hand the papers to the other party.
The other party can file a rebuttal to the order, which would outline his or her side of the story and evidence.
Court decision
Your case will go to court for a full hearing in the matter. If you fail to show up, the court will revoke the temporary order. You will have to go through the process again to seek another one. If the other person does not show up, the court will only consider your side of the case. The judge will make a decision on whether to continue the order or end it.
