When Can You Get a Restraining Order?
Posted on Apr 30, 2012 6:30pm PDT
If someone has been harassing you recently, you may be eligible to obtain a restraining order. However, the burden of proof is completely on you when convincing a judge that you need an order. In many cases, it is advisable to seek legal counsel before petitioning the court for protection. While no two petitions for restraining orders are alike, the basic circumstances warranting them are. You must show that someone is harassing you, has hurt you or has threatened to hurt you. This can be done through sexual assault, constant phone calls or text messages, destroying your property, threatening emails or letters or direct threats.
As long as you feel that your safety is in danger, you can apply for a restraining order although it will not automatically be granted. If you need help filing a restraining order, consider speaking with a family law attorney to learn more about your legal rights. A family lawyer can explain state laws regarding restraining orders and whether you would qualify for one in the future.