How Do I Get a Civil Restraining Order?
Have you had a protective order taken out against you? There are serious implications surrounding your rights in the future, especially involving guns/firearms. Do you need help presenting your case to a court if you had to take out a protective order? »
You have to file a Complaint (lawsuit) seeking a Domestic Violence Protective Order (otherwise known as a restraining order). If it is at night or on the weekend, you do this through the magistrate’s office. If it is during the week, you do it through the civil clerk of court. In the Complaint, you set out the details of the act of violence or threat of violence that caused you to seek the Domestic Violence Protective Order. You will then appear before the judge or magistrate to describe what happened. If the judge or magistrate determines you are entitled to an emergency Ex Parte Protective Order, it will be issued at that time. Your abuser is not notified or present for the emergency hearing. The emergency order is valid until there can be a hearing on the issue, at which hearing the abuser will be present. This hearing is held within 10 days. If the judge determines at the full hearing that you are entitled to a Domestic Violence Protective Order, one will be issued. This order will be valid for one year, but may be renewed at the end of one year for an additional time of up to two years..