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how do Iapply for a restraining order

restraining order
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miket miket Posted

how do Iapply for a restraining order

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Debra Stang

Each jurisdiction does things a little differently and has different criteria for granting a restraining order.

You will need to go to the county courthouse, fill out some paperwork, and file the paperwork with the court. There is a filing fee, but many courts will waive this if you are unable to pay. The court will then set a date for your case to be heard. On that day, you will appear before a judge and describe the behavior your wife has engaged in. Bring any witnesses who have seen her hurt, threaten, or harass you. If the judge finds sufficient evidence of abuse or harassment, he or she will make the restraining order "permanent"–meaning it will last up to a year or more. If the judge does not find sufficient evidence of abuse or harassment, your case will be dismissed.

In the time between filing your paperwork and appearing in court, you will probably be granted a temporary restraining order. If your wife violates either the temporary or the permanent restraining order, she can be arrested and sentenced to time in jail.   

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