How do you file a restraining order

If you are not sure you qualify, ask a lawyer. Click for help finding a lawyer. You can also ask your local domestic violence agency. They can let you know if you need to file a domestic violence restraining order instead of a civil harassment one.

STEP 1. STEP 3. STEP 4. Get Ready and Go to your Court Hearing. Some courts also have forms on their website. They can make sure you filled it out properly before you move ahead with your case.

Make at least 5 copies of all your forms One copy will be for you; another copy will be for the person you want protection from. The extra copies will be for other protected people or for you to keep in a safe place. The original is for the court. Some courts do not want you to make the copies until after Step 2 below, so make sure you ask your court clerk for the procedures in your court. If you are staying somewhere you do not want the restrained person to know about and you want to keep the address confidential, do NOT write it on these papers.

Click to learn about Safe at Home. Once you have filled out all your forms, you have to file them with the court. Keep in mind that procedures for filing papers for restraining orders vary from court to court, so check with the court clerk for the procedure in your court.

Take your forms to the court clerk The clerk will let you know what to do next. In some courts, the clerk will give all your forms to the judge. In other courts, you may have to go to the courtroom directly. Either way, the judge will read your papers maybe speak to you and make a decision on whether or not to make the orders you are asking for. If you leave your forms with the clerk, ask the clerk when to return to see if the judge made the orders you asked for.

The judge must decide by the next business day, but the exact time varies from court to court. Find out if the judge issued the temporary restraining order Return to the courthouse when the clerk tells you to pick up your paperwork.

Look over all the paperwork the clerk returns to you to see:. Distribute your copies of the temporary restraining order, if it was granted. Restraining orders get entered into a special computer system at the California Department of Justice. That way, police officers across the state can find out about your order.

In many courts, the court will send your order to the state computer for you. But if your court does not do it, you must do it yourself. You can see if the judge denied all or some of the temporary orders you requested by looking at item 4 of the Notice of Court Hearing Form CH Even if the judge did not make all the temporary orders you asked for, you can still go to the court hearing and ask for those orders.

The judge may grant them at the court hearing, even if he or she did not grant them as temporary orders before the hearing.

If the judge denied your request because, in his or her opinion, the facts you provided on your Request for Civil Harassment Restraining Orders Form CH did not justify a temporary restraining order you can find out by looking on item 4 b of your Form CH , you can also try to provide more specific information and facts for the judge, and resubmit your temporary order.

If all or part of your request was denied and you do not want to go forward, you can tell the court clerk that you want to cancel the court hearing. If you do that, you can also dismiss your case by filing a Request for Dismissal Form CIV or simply do nothing, which will keep the case open but inactive if no more papers are filed. If you want, you can refile your request at a later date. If you dismissed your case, you will have to go back to Step 1 above to fill out and file all the initial forms.

Your court may handle this process a little differently, so make sure you ask the clerk what to do if you want to drop your case or want to re-open it later. Until the other side has been properly "served," the judge cannot make any permanent orders. In civil harassment cases, a law enforcement officer may be able to serve your restraining order papers for you.

Look at item 10 on Form CH to see if the judge included an order for free service by law enforcement. They will do it for free if the restraining order is based on stalking, violence, or a credible threat of violence. Otherwise, they may charge you a fee unless you have a fee waiver order from the court. Search online for "process serving" in your area or look in the Yellow Pages of your phone book.

And read the section on service of process. The restrained person must be served before the hearing. What is a restraining order and what does it do?

When should I file for a restraining order? Where do I file for a restraining order? You will serve them with the Petition for the Order of Protection and a copy of the signed Order of Protection through a process server or a member of law enforcement.

A restraining order is not valid until it is served upon the defendant. You have one year to serve the defendant before the restraining order is invalid. In Phoenix, if you know where the defendant is located, the Protective Orders Coordinator will work with the Phoenix Police Department to file the order on your behalf at no charge to you.

If the defendant cannot be served immediately, it is important to keep a copy of the signed Order of Protection with you at all times. If the defendant approaches you before the order is served, call and let them know that you have a restraining order against the defendant. There is no fee to file a restraining order in a court in the state of Arizona.

Find numbers for the National Violence Hotline and the Shelter Line for Maricopa county, along with specific numbers for domestic violence partnerships across Arizona here. When you are ready, give the Arizona Legal Center a call. We are a free legal clinic that is dedicated to helping the Arizona community. The Arizona Legal Center provides free legal aid and consultations in Arizona only. We provide low-cost access to fee-for-service cases when determined appropriate by an attorney at the Center, but generally do not undertake full-scope representation.

May 30, May 30, Under Arizona law as noted in Title , a restraining order will not be granted unless: The petition is verified and filed in writing The person it is filed against is over 12 years old unless the order is granted by the juvenile division of the superior court The petition is only filed against one person How does a restraining order help?

Find more information about domestic violence. Elder or Dependent Adult Abuse Restraining Order You can ask for an elder or dependent adult abuse restraining order if: You are 65 or older, OR You are between 18 and 64 and have certain mental or physical disabilities that keep you from being able to do normal activities or protect yourself; AND You are a victim of: Physical or financial abuse, Neglect or abandonment, Treatment that has physically or mentally hurt you, or Deprivation by a caregiver of basic things or services you need so you will not suffer physically, mentally, or emotionally.

Find more information about Elder and Dependent Abuse. Find more information about Civil Harassment. Workplace Violence Restraining Order You can ask for a workplace violence restraining order if: You are an employer, and You ask for a restraining order to protect an employee who has suffered stalking, serious harassment, violence, or a credible real threat of violence at the workplace.

Find more information about Workplace Violence.