What to Know When Filing a Restraining Order

restraining orderWhen someone is considering filing a restraining order, it is always a time of high emotion. After all, no one looks to file a restraining order because things are going well. Instead, it comes after a long time of feeling threatened or after a long period of abuse. The decision is never made lightly and there are tips to know to make the process easier and smoother for the person seeking legal protection from someone that makes them feel unsafe.

File Sooner Rather Than Later

It’s important to understand that there must have been a reported incident in the past 30 days for a court to consider a request for a restraining order. This is because a restraining order is issued for a claim of current abuse. However, it is also important to know harassment, threats, abuse or intent of harm come in many forms and do not necessarily have to be in person or physical. Some examples of evidence that can be used in a restraining order case include:

  • Text messages
  • Emails
  • Voicemails
  • Social media conversations including Facebook, Twitter, Snapchat, Instagram, and others
  • Medical reports of injuries
  • Photographs of injuries with dates
  • Weapons that were used to harm or intimidate
  • Broken items in the home
  • Disorder of home after violence
  • Any correspondence that shows an intent to harm
  • Police reports
  • 911 transcripts
  • Statements from witnesses

Prepare Early and Find Legal Representation

In many cases, the respondent will use their right for a continuance of the hearing but it is still a good rule of thumb to be legally prepared on the day of the hearing. It isn’t required to have a lawyer, but having the right attorney can make preparation much easier. Further, having legal knowledge on your side will help build a better case. After all, even if you have every piece of evidence, it is important to frame your narrative in such a way that the judge can understand what you have been through.

Hiring an attorney sooner is much better than later. When it comes to family law of any type, more time always ends in a better outcome. The attorney will help answer questions a defendant might have while aiding in crafting the evidence into a presentable case. If you need a lawyer for a domestic issue, contact our team today.