Can you get a restraining order from a judge?

A restraining order is an order from a judge demanding that another person refrain from certain activity. Your jurisdiction may use the term temporary restraining order, protection from abuse order, order of protection, or injunction.

Where can I file a restraining order on a stranger?

If the person is a stranger or nonfamily member, you will likely file in your state’s lowest trial court or justice of the peace. Since restraining orders are considered emergency in nature, you may file on your own without the need to notify the perpetrator, known as the respondent on the petition.

What’s the cause of action for a restraining order?

The cause of action is known as personal injury if you were personally harmed and could result in you recovering the cost of your medical bills, lost wages or pain and suffering. The respondent may also be held liable for the value of any property damaged.

How long do restraining orders stay in effect?

Therefore, restraining orders are generally only valid for a period of 10 days after issuance. Within the 10-day period, the respondent must receive notice of the restraining order and a summons detailing the date and time of the upcoming hearing.

Is it illegal to threaten someone with a restraining order?

Well, obviously if you’re threatening someone, you’re making a threat. Now, whether or not it’s an illegal threat or a criminal threat — probably not, assuming that the person is not both a lawyer and does not have a legal basis to seek such an order. Threats of legal recourse are not illegal; threats of actual harm might be.

What do you call someone who has a restraining order?

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.”

How long can a restraining order stay in place?

After having a court hearing, a judge can grant you a Restraining Order After Hearing that can last up to five years. This order is designed to keep your abuser from threatening, harassing, or abusing you. You can ask the court later to have the order extended for another five years, or permanently.

Where can I get a domestic violence restraining order?

You can file (apply) for a Domestic Violence Restraining Order at the court in the county where your abuser lives or where the abuse happened. Find the civil court clerk, the person who keeps court records and files. Ask him or her for a Request (application) for a Domestic Violence Restraining Order.