When you are genuinely afraid of someone harming you, and you have specific reasons for that fear (such as past threats or harms), you may be able to obtain a restraining order. Once a restraining order is in place, the restrained party can be jailed and even charged with crimes for attempting to violate it. But the path to getting an order approved can be a rocky one.
Some people have success doing this on their own - the court has been providing the paperwork online for this for some time. There are also options available to get help from a legal aid lawyer that the court can connect you with if you cannot afford to hire your own lawyer.
The following types of restraining orders are available:
- Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) Restraining Orders
- Family Abuse Prevention Act (FAPA) Restraining Orders
- Sexual Abuse Protection Orders (SAPO)
- Stalking Protection Orders
- Extreme Risk Protection Order (ERPO)
The purposes of these orders range from keeping a potentially violent person away from you to having the court intervene to take away the weapons (especially firearms) of someone who is provably suicidal or otherwise violent or homicidal.
Restraining orders can't lawfully be used solely to keep someone from annoying you or pestering you, but generally must be based on a real threat to physical safety. Knowing how to present the facts and the law to the judge is a skill that only an experienced attorney has developed. The attorney's knowledge of local judges and how they view the law is also something that many clients find worth paying a little extra for. While no attorney can guarantee what a judge will do, you will feel more confident and comfortable with an attorney who can advise you frankly and openly and is comfortable and confident in court.
You can get a free consultation by completing our intake form.