Who can obtain a restraining order?
Anyone who claims to be in “imminent fear of bodily harm” can attempt to obtain a restraining order. A judge can issue a restraining order against anyone who qualifies as a family or household member. People are considered family or household members if they: • are or were married to one another, • are or were living together in the same household, • are or were related by blood or marriage, • have a child in common, • have been dating or engaged. The court looks at the following factors when qualifying this: length of relationship, type of relationship, frequency of interaction during relationship, and time passed since termination of relationship. If the person who got a restraining order against you does not fall into one of the above categories, the restraining order is not legal. This is an issue to be brought up at the 10-day hearing.
