In what follows, I assume you are the person who is the subject of the R. But why would you want to, unless it involves access to an area or property? The very act of saying No, I want to contact this person even though they have applied to the Court and Police for protection from you, is suspicious. South Yorkshire Police did nothing infact they arrested me and placed me in a cell for 6 Hrs because when the son hit me I hit him back.
The Police are totally Inept and negligent at best. The police are very good at protecting the criminals it saves them paper work. My Lawyers nor the Courts fully explained the implications. It is indefinite Order and is restricting employment and volunteer opportunities.
I want my life back. I have moved on, made changes in my life and have no interest in having anything to do with the victim, who moved to a tax heaven over 7 years ago. Can someone with a restraining order be arrested if another person say a relative or friend tries to contact the person they have a restraining order against?
As in a friend trying to contact and have a discussion with the person on behalf of the person that was given the restraining order. Depending on the order, yes. Some orders state no contact allowed, which includes via 3rd party. What can I do if the person who has an R. She randomly phones my mobile with her caller Ident hidden. This is happening several times a week. I have deleted her number etc.. I could end up in jail because of this.
Researching for a fictional book. Additionally would I have to put on job applications that I have a restraining order against me in the criminal offences section? My neighbour was convicted of common assault against me, this was , Me and my family have continued to be verbally abused by this person since the conviction, I have reported the incidents to the police, can I get a restraining order?
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What is a restraining order? When might you a restraining order be granted? Some common examples of when a restraining order is applicable may include: there is evidence that the defendant has targeted the victim in some way for example, criminal damage.
When would a restraining order not be suitable? What are the grounds for getting a restraining order? How to get a restraining order? How long does it take to get the order? Categories that are considered of significant harm include: Physical abuse Sexual abuse Emotional abuse Neglect. How long does the order last? The court can make temporary decisions on custody and parenting time at the OFP hearing, if you and your abuser: are married signed a Recognition of Parentage ROP had a paternity or custody case If you are worried about the child being with an abusive parent, tell the court why the abuser should not have custody or parenting time.
Does the child have any special medical, mental health or educational issues? What does the child want? The willingness and ability of each parent to care for the child.
How each parent has taken care of the child in the past? How well the child is doing where they live now. If the court decides your safety or the safety of the child is at risk the court has to: order supervised parenting time and set specific rules. The court has to say the time, place, and how long the visits will be. The court has to say who will supervise the visits. OR deny parenting time. The abuser does not have to turn over their guns if: Your OFP was issued without a hearing You have an Ex Parte OFP Notice was not given to the abuser The abuser was not given a chance to have a hearing If a criminal court convicted the abuser of domestic assault and the abuser used a gun during the assault the criminal court can stop the abuser from having guns.
Your plan can include activities that: protect you and your family help your family overcome the effects of the abuse lower the number of hours you have to do for work activities. Proof is Your sworn statement AND 1 of these: - OFP - medical record - police report - sworn statement from someone else who knows about the abuse.
Steps for getting an OFP. The courthouse you go to can be in any of these places: the county you live in OR the county your abuser lives in OR the county where the abuse occurred OR the county where you have a family court case You do not have to pay a filing fee.
You do not need a lawyer. The rest of this chapter tells you the steps to take to get an OFP. You give basic information about yourself and you describe the domestic abuse. You do not have to put your address in the affidavit. You can ask the court to keep your address confidential. The Petition tells the court what you want the court to do. You list the things you want the court to order in the OFP. There are 3 ways to get your forms: Go to the courthouse and tell them you want to file an OFP.
A court clerk gives you the forms you need. In Hennepin and Ramsey counties, there are special offices at the courthouse to help you apply for an OFP. This help is free. This program helps you create the forms to ask the court for an OFP.
It works by asking you questions. It uses your answers to fill out the forms. After you give the court background information about you and anyone else who needs protection, you: Describe the abuse Tell the court what kind of protection you need and why 1. Describe the Abuse - Give Details There are many different kinds of abuse. Use specific dates. Where did the abuse happen?
At home? In your car? At work? Were you physically harmed? If so, tell the court how you were hurt. Did your abuser hit you with a closed fist? Did they slap you with an open hand? Did they push you on the chest and you fell backwards? Did you have any injuries? Tell the court about any bruises, cuts, or red marks. Did you get a bloody nose or cut lip? Is your arm sore from where they grabbed you? Did you go to the doctor? What did your abuser say?
Use the exact words of a threat. Even if your abuser swore or called you names, you should still put their exact words in your forms. What was their body language? Was their face red from yelling? Were they standing over you with their hands in fists? Only a judge can decide if you get the OFP. They are likely only telling you they do not think a judge will give you an OFP.
You should ask why he or she thinks you should not ask for one. Their reasons may help you fix a problem in your forms. The judge can only give you an OFP if your abuse meets the legal definition of domestic abuse. You may have forgotten to include some information that meets the definition.
STEP 5: Find out if a hearing gets scheduled. STEP 6: Go to the court hearing. If you asked for a hearing, it must be held within 7 days from when the judge signs the Ex Parte OFP. If you did not ask for a hearing but the abuser did, the hearing must be scheduled between 8 and 10 days from when the abuser asks for it.
Chapter 3. Evidence: If you have evidence that you want the judge to look at, start getting your papers together. Evidence can be photos of your injuries, police reports, medical reports, or messages from your abuser.
One for the judge, one for the abuser, and one for you. Evidence to bring to court can be: Police reports and medical records Things the abuser damaged like a broken phone or torn clothing Threatening texts, social media posts or letters Photos of injuries or damaged property too big to bring to court Receipts showing costs you had to pay because of the abuse.
Like a new lock, repairing the wall, buying a new phone or medical bills. Witnesses: Witnesses are people who saw the abuse or your injuries or heard you or your child being threatened. See if you have any witnesses that can come to the hearing. If police or the sheriff were called, they can be witnesses.
So can the doctor or nurse that treated your injuries. If you want to show the judge a police report, ask the police officer who wrote the report to come to the hearing. Police officers are usually very helpful and cooperative. What if a witness doesn't want to come?
Practice: Read over the forms you filed to get ready for what you want to say. It may help to talk about what you want to say with your advocate or someone else you are comfortable with before the hearing. Remember to be specific and give lots of details. Use a checklist to help prepare your story. Describe the most recent abuse first. Tips for going to court. How you act in the courtroom can make a big difference in your case.
Here are some tips: 1. Arrive early. Check with the court clerk for the location of the hearing. Dress in neat and clean clothes. This shows respect for the court.
Be calm and polite with everyone in the courthouse, even the abuser. Be serious at all times in the courthouse. Treat the judge with respect. Give details. Do Not argue with the judge interrupt the judge argue with the abuser interrupt the abuser. What does the judge do at the court hearing? Many judges begin the hearing by giving the abuser 3 choices. Mutual Orders for Protection. Be careful! What happens at the trial? Try to answer these questions during your testimony: When did the abuse happen?
Where did it happen? Who was there? Was it just you and the abuser? Was anyone else present during the abuse? What happened? Were you injured? Did you see a doctor? Were you threatened? What did the abuser say?
What was their tone how did they say it? Was your child there? Were they hurt or threatened? How did they react? Are you afraid of the abuser? The abuser or his lawyer can ask you questions.
If you brought a witness, they tell the judge what they saw or heard. Examples of questions to ask your witness: What is your name? Where were you on the date of the abuse? What did you see? What did you hear? How was I acting? How was abuser acting? How was my child acting? If the witness brought documents to show the judge, ask them to give the documents to the judge. The abuser or his lawyer can ask your witness questions. The abuser presents his case. If your abuser brought a witness, they tell the judge what they saw or heard After his testimony, the abuser can have his witnesses testify.
If you dismiss the OFP you can only get a new one if there is more abuse. You can get your OFP renewed if: the abuser violated the order OR the abuser has harassed you OR you are still afraid of the abuser OR the abuser is about to get out of jail or prison You do not have to show there have been new acts of domestic abuse. Pay rent for the month you move out. You lose your security deposit. The landlord keeps it in return for letting you break the lease.
This letter must be from a court law enforcement a licensed health care professional a domestic abuse advocate OR a sexual assault counselor If you have questions, contact a legal aid office or a domestic abuse advocate. This can be: threatening to hurt you or your property repeatedly calling you stalking or following you repeatedly mailing or delivering objects to you one time physical or sexual assault harm sending your private sexual pictures to someone.
A parent or stepparent can get a harassment order for a child, if the child is being harassed. The courthouse can be in the county you live in OR your harasser lives in OR where the harassment occurred You do not need a lawyer. Ask the court for a fee waiver. This form asks the court to lower the fee or waive it so you don't have to pay.
You can ask the court clerk for a list of the crimes. You give basic information about yourself and you describe the harassment. You list the things you want the court to order in the HRO. They need to find the harasser to serve him or her with your forms.
There are 3 ways to get your forms: Go to the courthouse or and tell them you want to file an OFP. In Ramsey county, there is a special office at the courthouse to help you apply for an HRO. OR Get the forms online so you can fill them out before going to the courthouse. This program helps you create the forms to ask the court for an HRO. In your forms, tell the court When did the harassment happen?
What was the harassment? For example: - I saw him sitting in his car outside my house every day for the last 5 days. He also followed me to work yesterday and sat in his car all day until I was done working. She called me 26 times yesterday. What did the harasser say? Even if your harasser swore or called you names, you should still put their exact words in your forms STEP 3: File the Forms Take the completed forms to the courthouse to file.
Because you are the victim of a crime. It is against the law to hurt or threaten someone. It may stop the violence. This is helpful for 2 reasons: If the abuser gets violent again, you may need to prove it happened before. If you are ever involved in court hearings such as OFP, child custody, divorce, or child protection, it may help you to show the abuser was violent in the past.
The court is happened. Other things you can do: If there is a police report, get and keep a copy. If you have any injuries take pictures. You can ask the police to take pictures for their report. You can have a friend or advocate take pictures. Make sure the notes you write down and the papers you collect are kept where the abuser cannot find them.
If you are hurt get medical attention. Ask your doctor or nurse to write down the cause of your injuries in your medical records. DO NOT make up a story about how you were injured like "walking into a door.
Take pictures if any property was damaged. If you repair or replace the damaged property keep a receipt. And he or she will have to turn in, sell or store any guns they have now and not be able to buy a gun while the restraining order is in effect.
It may affect his or her immigration status if he or she is trying to get a green card or a visa. Types of restraining orders There are 4 kinds of orders you can ask for: Domestic Violence Restraining Order Elder or Dependent Adult Abuse Restraining Order Civil Harassment Restraining Order Workplace Violence Restraining Order Domestic Violence Restraining Order You can ask for a domestic violence restraining order if: Someone has abused you, and You have a close relationship with that person married or registered domestic partners, divorced, separated, dating or used to date, have a child together, or live together or used to live together — but more than roommates , or you are closely related parent, child, brother, sister, grandmother, grandfather, in-law.
Find more information about domestic violence. Elder or Dependent Adult Abuse Restraining Order You can ask for an elder or dependent adult abuse restraining order if: You are 65 or older, OR You are between 18 and 64 and have certain mental or physical disabilities that keep you from being able to do normal activities or protect yourself; AND You are a victim of: Physical or financial abuse, Neglect or abandonment, Treatment that has physically or mentally hurt you, or Deprivation by a caregiver of basic things or services you need so you will not suffer physically, mentally, or emotionally.
Find more information about Elder and Dependent Abuse. After being processed at the jail, the abuser could be released without posting bail if he or she appears likely to reappear in court. A condition of the release will probably be that the abuser does not have any contact with you. Otherwise, the abuser will be held in jail until 10 percent of the bail is paid, or until the bail is lowered in a court proceeding, or until a hearing has been held on whether or not the restraining order has been violated.
Other possible punishments could be a warning, probation, a suspended sentence or a sentence of less than the maximum. Your local district attorney is required to represent your interests at the contempt hearing if you cannot afford to hire your own attorney. You must file papers at the courthouse to ask the judge to drop the order.
The order remains in effect until the judge dismisses it. It may take a few days for law enforcement to get notice of the dismissal. In a small number of situations, the parties may agree to dismiss the restraining order and enter into a limited no-contact agreement to facilitate communication between the parties with respect to the children and parenting time only.
This should only be done if it is safe to do so, and it would be best to speak with a lawyer first. Forms to modify a restraining order are available at the courthouse or online. If you ask for a change that removes or makes a term less restrictive, the judge may sign an order changing the terms without requiring a hearing. Some courts set a hearing when you file the papers. Some courts do not set a hearing until the respondent has been served and given 30 days to respond.
Check with the court that issued the order to be sure you follow the right process. If you have questions about how the law works or what it means, you may need to talk to a lawyer. You are not required to have a lawyer to obtain the restraining order, but you can have a lawyer represent or help you if you wish. If you believe you cannot afford a lawyer, ask the referral service if there is a legal aid program in your area that might be able to help you.
What if I Need an Accommodation or an Interpreter? If you have a disability and need an accommodation, or you are unable to speak English and need a foreign language interpreter, you must tell the court as soon as possible, but at least four days before your hearing.
Tell the clerk that you have a disability and what type of assistance you need or prefer, or which language you speak. Often, a restraining order is obtained in the course of a divorce or legal separation, but you do not have to file for divorce if you only want a restraining order. However, if you want to combine a restraining order with a divorce or legal separation, you probably should see a lawyer for advice.
If you do not have a restraining order and you are the victim of domestic violence, you should call your local police agency. If the police are called to the scene and have probable cause to believe abuse has occurred between spouses, former spouses, or adults who are living together or who used to live together, the police are required to arrest the abuser. The police will give you information on how to obtain a restraining order in your county. Some counties also have shelters for people who have been abused.
Contact an information and referral network in your area for more information. Legal editor: W. George Senft, August Translate this page:. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
You are at least 18 years old. If you are over 18 and were protected by a restraining order as a child and that order is still in effect, you may ask the court to continue that order.
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