If you’re thinking about getting a restraining order, you probably have questions about what type of evidence you’ll need to present to the court. A restraining order (often called a protective order) is a kind of legal protection issued by the court to keep people safe from abuse or harm. This can prevent someone from contacting or coming near you if you feel threatened or unsafe. However, before a court will grant one, you will have to demonstrate a need for it.
Next comes the proof required by the court based on evidence and how you will obtain that evidence and then present it. These are not necessarily complicated areas, but they do sound like that, so we will break them down step by step in a way that’s simple and easy to follow.
What Do You Need to Prove for a Restraining Order?
Each state has its own specific rules for restraining orders, but in general, you’ll need to prove a few main things:
- Example of abuse or harassment: You’ll need to show that something specific happened, like physical violence, threats, or stalking.
- The threat of further harm: This could be ongoing threats or fear of future harm.
- A relationship with the person: In certain states, it may also be required to demonstrate that you maintain a specific kind of relationship with the person, such as a current or former romantic partner/spouse. Other relationships, on the other hand, are considered valid for this as well, including family members and roommates.
It’s important to describe specifically what took place. For example, it is not sufficient to write, “He hurt me,” but it is more appropriate to state, “On this date, here, there during the interaction, he took hold of me by the arm and forced me against the wall”. The more you are able to detail, the more clear it will be to the judge.
Filing Your Restraining Order Petition
Filing a petition with the court is the first step in obtaining a restraining order. Most courts have forms that you can fill out, which will guide you on what information to include, like your contact details and the other person’s information. These forms also ask for a description of the abuse or threats, so this is where you’ll need to be detailed.
It’s important to file this as soon as possible after the abuse or harassment happens. The court is more likely to believe that you’re in immediate danger if the event happened recently. If you wait too long, it might seem like the threat isn’t urgent.
If you feel unsure about the process or the forms, you can always talk to a lawyer. Many lawyers offer free consultations, and some can guide you through the process at little to no cost. It can be worth it, especially if the stakes are high.
The Evidence You’ll Need
When you go to court to attend your hearing, you must present evidence to support the allegations you made in your petition. This evidence can be direct or circumstantial.
- Direct evidence is something clear and obvious fact, such as testimony from an eyewitness. For example, if a friend or neighbor witnessed the person hurt you, their testimony would be considered as direct evidence in court.
- Circumstantial evidence requires a little more interpretation. An example of this could be if you have text messages where the person threatens you, or it could be a police report describing your injuries following an incident. In the case of circumstantial evidence, it doesn’t directly show what took place, but it actually helps in piecing the situation together.
Both types of evidence are important. Having a mix of both is often the best way to show the court that your story is true.
Proof of Abuse or Harm
When it comes to showing the court that you’ve been harmed, there are several ways to do this:
- Your own testimony: You have the right to explain in your own words what happened. The court will listen and take this seriously, especially if you’re clear and detailed about the events.
- Testimony from Witnesses: Any witness that might have seen the abuse or, in some cases, only heard it may be able to testify for you. A friend, neighbor, or even a responding police officer can speak for you.
- Police report: If you called the police after an incident, their report could be strong evidence to support your case. Police reports often detail what they saw and heard at the scene, and they may also include information about any injuries you suffered.
- Medical records: If you were injured and went to the hospital or some other physician to get treated, your medical records can be useful. It presents the court with evidence that you were injured and have received medical treatment for those injuries.
- Photos and videos: If you have pictures of your injuries or security camera footage showing the abuse, bring that to court. Visual evidence like this is very powerful.
Demonstrating Threats to Your Safety
It’s also necessary that you have proof you are still in danger. This can be done through direct threats, such as threats by voicemails, text messages, or anything of that nature. If you have any recordings of the person threatening you, those can be very convincing.
If the threats are in writing text messages, e-mails, or posts to social media, make sure to save copies of those messages. Being able to show the judge exactly what the person said can make a big difference in proving your case.
Proving Your Fear of Future Harm
In some states, you’ll need to show that you’re in fear the person will hurt you again. It’s not just a matter of saying, “I’m scared.” You’ll want to describe why you’re afraid and what you’ve done to protect yourself, such as changing your phone number, moving, or installing new locks.
If you’ve called the police or sought help from a domestic violence shelter, this can help show that your fear is real and reasonable.
How to Prepare for the Court Hearing
When you go to court for your hearing, it’s important to stay calm and speak up. The judge will want to hear directly from you about what happened and why you need protection. Speak in simple words and without exaggeration. The more factual and straightforward you are, the more likely the judge will be to grant the restraining order.
Having an attorney will help you a lot, especially if the person you’re seeking the order against has an attorney. Even if you are not represented by an attorney, however, you needn’t feel daunted. Just state the facts and let your evidence speak for itself.
Should You Talk to a Lawyer?
You do not need an attorney to file for a restraining order, but if you want legal advice, it is best to consult with an attorney. An experienced and professional attorney will be able to advise you on what types of evidence are most important and how to best prepare for the hearing.
If you’re unsure about how to gather your evidence or what to include in your petition, talking to a lawyer can make the process smoother. Plus, many lawyers who specialize in family law or domestic violence offer affordable options for people in difficult situations.
Wrapping Up
Getting a restraining order can seem overwhelming, yet it’s such a great step to keep you safe. Grab your evidence, be specific about what happened, and your chances are great in getting protection on your behalf. If you’re ever in doubt, remember that there are resources and professionals to help you through the entire process. Stay safe, and take it one step at a time.
