How to Get a Restraining Order Against Your Child's Father

By Pamela Gardapee - Updated June 19, 2017
Mother with baby girl in her arms

From time to time, mothers must get restraining orders against the father of the children. A restraining order is put in place to keep the father away from you and your residence. After the judge orders a protection order, any time the father comes near you or your home within the specified time on the order, he can be arrested.

How to Get a Restraining Order Against Your Child's Father

Contact the clerk of court's office in your town or county. Ask him to send you an application for a restraining order and any other necessary forms, if you plan to conceal your address and if you want temporary custody of the child.

Fill out the forms, but do not sign them. List all the reasons why you need a restraining order against the father of your child. The judge needs a good reason to order a father to stay away from the mother or even the child. After you have filled out the forms, take them to the clerk of court's office. The clerk will ask you to sign the forms so that he can witness the signing.

Appear at a hearing in front of a judge. Sometimes a restraining order is issued right away, but some communities will require a hearing to allow the respondent and the petitioner to attend. If you must attend a hearing, do so, or your application for the protection order will be dismissed.

Granted restraining orders will be drawn up, and a sheriff will deliver a copy to the respondent and to the local police departments. All conditions of the protection order will be outlined. Keep your copy with you at all times. If the father tries to contact you on the phone or in person, call the police. Have your copy of the order on hand when the police arrive.

Tip

If you have been abused, call the police, so you have a record of the abuse.

Always sign the applications in front of the clerk of courts.

Warning

Never allow the father to call you or see you, if you have a restraining order. You could be accused of breaking the restraining order, causing a judge to vacate the order.

About the Author

Pamela Gardapee is a writer with more than seven years experience writing Web content. Being functional in finances, home projects and computers has allowed Gardapee to give her readers valuable information. She studied accounting, computers and writing before offering her tax, computer and writing services to others.

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