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Domestic Violence

Restraining OrderCan You Get a Restraining Order?

IMPORTANT:If you have been beaten or threatened, call 911 for immediate assistance

When the person you want restrained has done one of the following things to you and/or to a person related to you may be able to get a restraining order:

  • Physically injured or attempted to injure you.
  • Sexually assaulted you.
  • Attacked, struck or battered you.
  • Molested you.
  • Stalked you.
  • Harassed or threatened you personally, by telephone or message.
  • A Domestic Violence Restraining Order can only be filed against someone you have been involved in a CLOSE RELATIONSHIP with and that person has threatened or abused you. These persons include:
  • Spouse or former spouse
  • Person you are dating or used to date regardless of wether the relationship was intimate
  • The mother or father of your child
  • Any family member as defined by a relation to you by blood, marriage or adoption.
  • This relationship includes mother, father, child, brother, sister, grandparent or in-law.
  • A roommate or former roommate.

At the hearing the judge may:

Order the abuser to stop the violence, leave your house and stay away from you and any other household members. Decide temporary custody and visitation rights if you have children.

Order the abuser to attend treatment or counseling. Issue a removal order to remove the abuser from your residence.

Issue a permanent restraining order for up to 3 years.

After you have received a restraining order, carry a copy of it with you at all times and have other copies in convenient locations such as work and your children’s school.

If the abuser violates the restraining order, you should call 911 immediately and produce a copy of the restraining order to the police

The police can give you and your children a ride to a safe place or go with you to your house to get important items.

They will take a written statement so be prepared to tell them what happened and produce any legal paperwork. Show them any injuries and provide any evidence including torn clothing, weapons and names and numbers of witnesses.

If the abuser is taken to jail, they are given to opportunity to post bond and get out, possibly within a few hours. Be prepared for this by going to a safe place. There are many shelters available for women and their children.