How to Get a Restraining Order against Someone?

Published On May 7, 2017 | By Rocco Agwu | Law

The current process of obtaining a restraining order can be arduous and stressful, but be that as it may, they may be necessary. An injunction is a court order that necessitates that someone has to do, or not do, something. If the case happens to be of a violent or threatening behaviour type, two main kinds of injunctions can offer protection to the victims: these are non-molestation orders and occupation orders.

The non-molestation type of order forbids an abuser, or stalker, from coming anywhere inside of a specified distance of the victim or potential victim. This is usually utilised in domestic abuse and separation cases, an occupation order will give specifics on who may live in the shared home. This may state that one or other of the parties will have to depart the home, at least for a specific period of time, until a more permanent settlement has been reached.

Protection and imminent Danger

There are basically two different variations of thought when it comes down to the nature and scope of a typical restraining order. The first is considered protection against harassment, while the second is considered an order of protection. The differences between the two may seem confusing, so many experts agree that you should try consulting with solicitors in Yorkshire, before seeking a restraining order.

If you happen to believe you actually are in imminent danger of some form of bodily harm from somebody you know, the first thing to do is to call 999. The responding officer will help to guide you through the necessary procedure of how to obtain a restraining order. If things are critical, you may want to stay at family, friends or get yourself to a domestic violence shelter, where people will know the proper process for obtaining the order.

As Much Information as Possible

Usually, obtaining a temporary restraining order starts with filing out a claim at the local police station. The officers there should give you some forms to fill out, which will provide leave them with your complete identification, contact information, and a detailed report of what the incident(s) was/were that prompted you to take such an action. You will also be asked for any other corroborating evidence of harassment, threats or bodily harm. You should bring anything such as photographs of injuries, copies of threatening communications or any official incident reports. Make sure to offer as much contact information on the offender as possible.

After having filled out all the required forms and handed evidence, the case will go to court. A judge will then consider your appeal for a restraining order and should the judge be convinced that a restraining order is immediately necessary, he or she will then issue a temporary restraining order. This kind of order is usually valid for a short time period, generally about two weeks or so. The court will then provide a hearing date in which the temporary restraining order can be extended for as much longer, depending on the case in hand.

Go with legal professionals in such cases to get the very best advice and protection.

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