Having a restraining order placed against your kids' grandparents is a serious legal matter requiring proof that a danger exists. The precise legal process of gaining such an order varies according to location, depending on the state laws concerning such matters. There are commonalities between most districts to afford you with a general process to follow. At any step of the way, consultation with an attorney, the police or a court clerk can help clear any misunderstandings and give you a timely result for your protection.
File a petition with the court to have a restraining order placed against the grandparents. Ask the court clerk for the forms you need to fill out to make the request of the court.
Fill out the forms, providing your contact information and the contact information for the grandparents. Include in the forms a description of the activities of the grandparents that led to your request for a restraining order. Be as detailed as possible, supplying all pertinent facts. Attach any evidence you have of the events.
Give the completed forms and attachments to the court clerk and await a hearing with a judge concerning the matter.
Appear before the judge on the appointed date. Bring an attorney to argue the case for you and give you the best chance of success. Answer the court's questions about the incidents leading up to your request for the restraining order. If the matter is serious and you convince the judge of the severity, the judge might grant you a temporary restraining order, barring the grandparents from access for a few weeks. A new hearing would be held to consider arguments for extending the temporary order, perhaps for several years, depending on the time span allowable by state law.
Attend the second hearing with your attorney. Present your evidence and argue your case before the judge. If you've proven the need for an extension, the judge will provide one.
Wait for the marshal's office to serve the restraining order and notify you of its successful service. The restraining order is not official until the grandparents have been served. To prevent further harassment, restraining orders are typically served within hours of being granted.
- The grandparents will be present at both hearings to argue their side of the case and present evidence that the restraining order is not justified.