A temporary restraining order is a court order that is granted by a judge by a request for a restraining order. They are commonly referred to as TROs. A TRO is completely temporary and is meant to keep things at status quo or to protect a person immediately. You will need to file a TRO to obtain a permanent restraining order. These are used to protect you from physical abuse or being threatened, stalked or harassed. The main reason to seek a restraining order is to keep someone away that has caused fear of physical harm.
Figure Out What Type of Order You Need
Depending on the circumstance you are experiencing, you will need to file a certain type of order. The most typical types of orders are:
- Domestic Violence Restraining Order
- Civil Harassment Restraining Order
- Elder or Dependent Adult Abuse Restraining Order
- Workplace Violence Restraining Order
Once you figure out the type of order, find the proper forms online and fill them out. When you fill out the forms, double check the information and make sure it is easy to read.
Fill Out the Forms
Usually the forms are very easy to fill out. The information that is needed is basic and stuff you will already know. Fill the forms out completely. Make sure to properly date and sign them. Make at least five copies. The original will be filed with the court. The others are for yourself, to be served to the other party and for others who will need a copy in order to help protect you.
Read More: How Long Does a Restraining Order Last?
File the Forms
The first step is finding the courthouse at which to file your order. In this circumstance, you can file in the jurisdiction where you live. Take your copies to the clerk for filing. The judge may need to look at the forms first or even speak with you before they are approved. Once the forms are approved, they will be filed. The clerk will stamp your forms and your case will become an official court case. Give copies of the order to a close friend or relative, your security or property manager at your building, your employer, and other people that may come into contact with the other party.
Serve The Other Party
You must the serve the other party. The other party must be served in person and not by mail. You personally cannot serve the other party. You can use a registered process server, someone you know or law enforcement. The person serving the other party must be at least 18 years old and not a party to the action.
File Proof Of Service
You must then file your proof of service with the court. Make at least five copies. The original stays with the court, and the other copies can be given to the same people you gave the order to. If you cannot serve the other party, you must file to reissue the TRO. This must be done before or at the time of the hearing.
Once You Have Filed
After the forms are filed and the other party is served, get ready for your hearing. Make sure to get all of your documentation, photographs and witnesses in order. Practice what you are going to stay. Remember to stay calm and tell the truth.
Alexis Scott has been writing since 2002. Contributing to various online publications, she authors a bi-weekly legal advice column for SDGLN.com. Scott is also a partner in a San Diego law firm, specializing in criminal, family and civil law. She attended the University of Nevada, Reno, and received her Juris Doctor from the Thomas Jefferson School of law.