You hear a lot on TV about people getting a restraining order against another person if they are afraid of violence.
Do you have to have evidence to get a restraining order?
Getting a restraining order is similar to most other court processes. It involves filling out and filing some paperwork, going to a hearing, and then waiting for a judge to reach a decision. The key is proving to a judge that you need a restraining order. That judge is going to be looking for some specific facts.
For What Reasons Can You Get a Restraining Order?
•Physical Violence. The court may enter a restraining order when you can prove actual recent or threatened violence against you or your children such that you fear for your or their safety. …
•Psychological Abuse. …
•Depletion of Assets. …
•Patent and Trademark Infringement. …
Can you get a restraining order against someone harassing you?
If you’ve been harassed by a stranger or someone else in the community, you can take action against them under the Harassment Act 1997. You can apply to the District Court for a restraining order against the harasser, and in the most serious cases you can go to the police.
What do you have to do to get a restraining order?
Filing a Restraining Order
1.Obtain the proper forms. You need to visit the courthouse in your county. …
2.Get a lawyer involved. …
3.Complete the forms. …
4.Receive a court hearing. …
5.Serve the court order to the abuser. …
6.Attend the court hearing. …
7.Receive the judge’s decision
Can someone put a restraining order on you for no reason?
No. there must exist a genuine reason or credible threat from the person against whom the restraining order has to be requested from the judge. … There is usually an incident which alarms a person enough, that they feel they need a restraining order.
Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.
For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.