Fortunately, courts have the power to issue restraining orders that prohibit persons named in the order from engaging in certain types of activities, including:
It’s important to understand, though, that while the court can issue a protective order, enforcement of the terms of the order requires the services of law enforcement officers.
In order to have any legal effect, a restraining order must be signed and issued by a judge. To obtain a restraining order, you must file an application with the courts. Your application will identify you as the petitioner or plaintiff and the person threatening you as the respondent/defendant. In your application, you must provide the court with evidence supporting your fears or concerns.
If the judge determines, based on the information contained in your application, that there’s a reasonable likelihood of imminent violence or harm, the judge has the authority to issue a temporary order limiting the defendant’s access to you. Though laws differ from state to state, it’s common for a judge to issue a temporary restraining order without notice to the defendant if the fear of harm warrants that. Whether or not a temporary order is issued, the court will schedule a hearing to take testimony and evidence from all parties involved, and will make a more permanent decision on the request for a restraining order after that proceeding.
To get the court to grant your request for a restraining order, you must prove to the court that, without the restraining order in place, you are in reasonable danger of imminent harm. You must prove your allegations by a “preponderance of the evidence.” That means that the judge must conclude, after hearing testimony and evidence from both sides, that your allegations are more believable than the defendant’s assertions. This standard of proof is significantly less than the criminal burden of proof, which requires proof beyond a reasonable doubt.
At the hearing, all types of evidence are admissible, subject to the rules of evidence in your jurisdiction, and may include eyewitness testimony, your personal testimony, and documentary evidence, such as letters, emails, text messages, recorded phone calls, and phone records.
If you’re threatened by another person, whether an ex-partner or spouse or anyone else, you can ask the court to issue a restraining order limiting that person’s contact with and access to you. To secure a restraining order, you must file a petition with the court and submit evidence demonstrating to the court that, without the restraining order, you are at risk of imminent bodily harm. Where the circumstances warrant, the court has the power to issue an immediate temporary restraining order, often without notice to the defendant. However, the court will always hold a hearing to allow both sides to provide evidence regarding the necessity of a more permanent order.