How to Get a Restraining Order for Your Kids Against Someone

By Yvonne Van Damme - Updated June 19, 2017
Mother with arm around her daughter

If your child is unsafe, or feels unsafe, one way to remedy that is to get a restraining order. Whether it's due to the child being bullied or harassed, or whether it's due to abuse that has been perpetrated against the child, it's important to make the behavior stop right away. A restraining order will make that behavior, bullying or abuse have legal ramifications. In order to get a restraining order for your kids against someone, you may need a modicum of proof. In addition, in order to file this order for a minor or on behalf of a minor, you will need to be a parent or legal guardian.

Document the behavior against your child. Whether it's bullying, abuse or other behavior, having the proper documentation is key. Not only should this include pictures, if possible, but also a log of negative effects on your child, such as depression or anxiety. If there is some type of abuse of involved, obtain proof of doctor's visits.

Prove that the abuser, or person bullying your child, attempted to cause harm to the child or made the child fear imminent harm. Whether that was due to threats or intimidation, proving this is important. This can be done with the documentation, pictures and medical reports. Also, you will need to explain thoroughly in the paperwork for the restraining order exactly what happened, along with a time line of events.

File a restraining order with the local district, superior or family court. Call the individual courts if you are unsure of which one is appropriate. Once you get to the court, fill out the paperwork and also give copies of any applicable proof. The clerk will then walk you through the process of applying and paying for the order. You will receive a court date once you file it. In the meantime, the court will provide you with a temporary restraining order until your hearing.

Go to the court date. There will be a specific date, time and location. If you miss this hearing, your application for the restraining order will be denied. If it's approved, it will often be for at least one year. At that time, you will need to apply for another restraining order for your kids.

Warning

If the person violates the restraining order, call the police right away.

About the Author

Yvonne Van Damme is a freelance writer based in Seattle. She has been writing for several years with a focus on criminal justice and legal topics. In addition to various websites, she has been published in several academic journals. Van Damme holds a Bachelor of Arts in law, society and justice and sociology from the University of Washington.

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