How to Obtain a Permanent Restraining Order
A permanent restraining order (PRO) or a civil protection order is an order issued by a court which stops or limits contact between two people. A PRO can also limit where a person can go or in what locations he or she can be. A person in need of a restraining order first petitions the court for a temporary restraining order (TRO). If that is granted, the Court will then order a hearing within 14 days after the TRO has been issued. At this hearing, the Court will either make the restraining order permanent, deny the restraining order a vacate it entirely, or extend the TRO for one year. At the hearing the judge will review the record and any relevant evidence in support of the application for a PRO.
Applying for a Permanent Restraining Order
To apply for a temporary restraining order, the person seeking it must file a motion or Complaint before the court. In the motion, the petitioner must allege acts or threatened acts that show a restraining order is necessary to prevent assault, threatened bodily harm, domestic violence, emotional abuse of an at-risk or elderly adult, sexual assault, or stalking. The key is that a person only need show such order is necessary to prevent one or more of the above from occurring; a person need not show necessarily that one of these things has already happened. The court will hear an ex parte motion for a TRO seeking immediate protection for the petitioner. However, to make the restraining order permanent, the restrained party must be given an opportunity to be present at a hearing to defend the allegations and contest the restraining order. A hearing on whether to make a TRO permanent is scheduled within 14 days after the TRO has been issued, although each party is generally allowed one request for an additional 14 days to prepare. Parties can use this time to gather evidence and hire an attorney to represent them at the hearing.
The application for a restraining order must include two required forms, three if children are involved. The Complaint/Motion for a restraining order should be specific in alleging the incidents that support the request. Although these forms can be completed on your own, an attorney can be very useful in seeking a restraining order, as they are more likely to know what a particular judge will look for before granting such orders.
If the restrained party fails to appear at the permanent restraining order hearing, the judge may proceed with the hearing and issuance of the PRO. This is valid where the restrained party had previously been served the TRO by a competent person—a police officer, or a person over 18 years who is not the petitioner. If the person seeking the restraining order does not appear, the restraining order will be vacated and the case will be dismissed.
When granted, a protection order will remain in effect until it is modified or dismissed by the petitioner or the restrained party.
Filing fee
The filing fee for a protection order is $85. An indigent victim may petition the court to waive the fee for a protection order by filing a ‘Motion to File Without Payment of Filing Fee.’ Payment may be waived for a protection order related to domestic violence or abuse, stalking, sexual assault, or any unlawful sexual contact.
Think you need a restraining order?
Barrie has extensive experience in filing civil protection orders and can help you through the process. Call NewbergerKing Law LLC today at 970-946-4157 or submit an inquiry for a free consultation.
