When a person decides to pursue the idea of obtaining a restraining order, they may need to consider a few different things. First they need to determine if the restraining order is a harassment restraining order or if it is an order of protection. To determine this it is advisable to seek legal advice.
The process of obtaining a restraining order can vary depending of state and jurisdiction as well as if it is a temporary restraining order or not. Generally when filing for a temporary restraining order, a person will file a claim with a local court house.
After filling out necessary information, the judge will then look at evidence and information to determine if a temporary restraining order should be put into effect. Temporary restraining orders can vary in length depending on the issues presented to the judge, and if there is any record of past issues. A harassment restraining order can also be obtained through a local court house. A similar process will also take place.
Often when obtaining a harassment restraining order, or a temporary restraining order, individuals may have to appear in court. When an individual wants to extend or end a restraining order, an individual may also have to re-appear in court. While in court, both parties will be asked to state their stories. Although each will be given the time to explain, the judge will have the ultimate and final decision.