What proof do you need for a restraining order?

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Written By Esosa

 

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What proof do you need for a restraining order? Finding proof of harassment is ‌tricky. People can harass you emotionally without physically harming you. So what do you do if you’re being stalked by someone or being tormented by someone around you?

If you have been asking “what proof do you need for a restraining order?” Sometimes, you might need to show some evidence, and other times, the evidence does not matter.

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But before we go on, I need you to understand what a restraining order really means. What is a restraining order and how do they work?

A restraining order is a legal order issued by a judge. It restrains someone from doing something or from going somewhere. Sometimes, it is used to stop people from abusing, threatening to harm, or stalking another person.

What proof do you need for a restraining order?

A restraining order is also known as an “order of protection.”They may issue it against someone who has hurt you or threatened you. Most of the time, the person who is restrained is called the “defendant,” and the person asking for the order is called the “petitioner.” You can also ask for an order to protect your children or pets.

The defendant does not have to be notified of a restraining order before the hearing. The court may issue a temporary ex parte (without notice) restraining order pending a hearing within 14–21 days. They will serve the defendant with the temporary order and with a notice that there will be a hearing within 14-21 days at which both parties will present evidence and testimony to support their position regarding the issuance of a permanent restraining order.

If they grant you a permanent restraining order, you will get two copies of it: one for you and one for the police department in your city or town where the defendant lives (or works if he/she lives outside your town). The police must keep this copy on file.

So if you never really understood what a restraining order meant, well, it is a court order that should protect you from harassment or harm by another person.

You can get a restraining order if you can prove in court that you are being harassed, threatened, or harmed. You do not have to be married to the person from whom you seek a restraining order. If you have a former boyfriend, girlfriend, cohabitant, relative, or anyone else who has abused you, then ‌get a restraining order. 

What proof do you need for a restraining order?

What proof do you need for a restraining order?

Do you really need proof to file a restraining order? 

If you need a restraining order, you are most likely in a pretty scary situation. You need to feel safe and protected now, which means getting the paperwork right. Unfortunately, there’s no definitive answer to the question, “Do I need proof for a restraining order?” It really depends on the specifics of your situation or even the state you live in.

We’ll look at what problems can arise when filing for a restraining order without proof and how you can get the protection you need.

You don’t have to have “proof” that someone is threatening or harassing you, but it’s helpful if you do.

Problems with filing without proof

One of the first things to understand about restraining orders is that they aren’t free. There are fees involved, and attorneys’ fees if you want legal help to fill out the forms. You may also have to pay for a background check.

If you file for a restraining order and lose because you can’t prove that the person has been harassing or threatening you, not only will you lose the restraining order (and any money spent filing for it), but your harasser may also ‌sue you for filing an unjustified claim against them (called a SLAPP suit).

Because of these issues, it’s important that anyone applying for a restraining order has solid evidence. If you ‌have any proof, you may submit it with your application. Some acceptable forms of proof include:

What proof do you need for a restraining order?

1. Pictures of injuries

To answer your question, “what proof do you need for a restraining order?” The answer is a picture of an injury. If you have pictures of injuries that you have suffered because of being abused, they are considered the evidence and should be submitted. You may not have pictures, but that is okay too. A restraining order is not about the judge determining who was or was not at fault for the abuse. It is about providing you with a court order to keep your abuser away from you and your children. If your abuser has attacked you or threatened to attack you but never injured you, then it does not matter if there are pictures of injuries or not. A police report would be sufficient evidence in this situation.

2. Medical records

You can certainly use medical records that you have as evidence in a restraining order case, as long as they apply to the matter at hand. Also, you should know that your medical records are generally confidential and that, under HIPAA rules, it is illegal for medical providers to disclose them without your consent or court order. However, these rules do not apply if you voluntarily disclose information about your health or treatment to someone else. Therefore, if you choose to submit the records, they will become part of the public record and anyone who has access to the court file will ‌see them.

3. Police reports

A police report is also good evidence for filing a restraining order, especially when you don’t have pictures. If you have been reporting your situation to the police, your lawyer can compile those reports as evidence and give them to the court. So, it is always good to report situations that threaten your life.

4. Journal entries or written statements from witnesses

Still asking, “What proof do you need for a restraining order?” Well, written statements are great. These are used when there’s a need for proof that someone has abused a person or their property as part of a restraining order. They’re kept in the records of the court and can be entered ‌into court during trial to show that the abuse has occurred.

There are two different ‌written statements:

i. Affidavit

This is a sworn statement by someone who saw the abuse, but it’s not signed by the person being protected. It’s intended to provide evidence that the abuse occurred, but it’s not legally binding.

ii. Deposition

This includes a signed form from the person who was abused, as well as an affidavit from anyone who witnessed it. It’s a document that can also be entered into court during the trial if needed.

In conclusion, if someone is posing a threat to you or your family, then legally, you need very little proof to get a restraining order. Police will be more likely to believe you if there has been a history of violence or abuse between the petitioner and the respondent. There should not be any doubt in your mind that you are in danger.

If you have been asking, “what proof do you need for a restraining order?”


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