How does a civil harassment restraining order work?

How does a civil harassment restraining order work?

1. The person wanting protection files court forms asking for the civil harassment restraining order. 2. The judge will decide whether or not to make the order by the next business day. Sometimes the judge decides sooner. Then, the clerk will set a date for a hearing.

When to file a response to a restraining order?

If you want to tell your side of the story, file a response BEFORE your court date. You can fill out and file a Response to Request for Civil Harassment Restraining Orders ( Form CH-120) where you tell the judge your side of the story about what happened.

Can a family member get a restraining order against you?

Generally, for civil harassment restraining orders, the person you want to restrain is not: Your spouse/partner or former spouse/partner, Someone you dated at any point, or. A close relative (parent, child, brother, sister, grandmother, grandfather, in-law).

Can a restraining order be requested in an elder abuse case?

These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.

How to respond to a civil restraining order?

  • if you need more space to write.
  • you have to file them with the court and “serve” (give a copy to) the
  • Get Ready and Go to Your Court Hearing.
  • After the Court Hearing.

    How do you file a harassment and restraining order?

    1) Complete your Petition for Harassment Restraining Order forms and file them in court in either the county where you or the Respondent lives, or in the county where 2) A judge will review your forms and decide if a Harassment Restraining Order should be granted and whether a hearing will be required. 3) If an Ex Parte Harassment Restraining Order was NOT granted, you or the Respondent may request a hearing within 20 days from when the petition was served.

    What are the legal reasons for a restraining order?

    While restraining order names and procedures vary by state, the same general rules apply. Common reasons to get a restraining order include actual or threatened physical abuse, psychological abuse or depletion of assets.

    How do you make a restraining order?

    Filing a Restraining Order Obtain the proper forms. Get a lawyer involved. Complete the forms. Receive a court hearing. Serve the court order to the abuser. Attend the court hearing. Receive the judge’s decision.