If you are unfamiliar with restraining orders, or the act of petitioning the courts for one, this article is for you! You might not realize it, but restraining orders are a bigger deal than many people think. They’re designed to prevent violence and abuse in relationships and they can be filed by anyone in an intimate setting- be that marriage, dating relationship, or a family tie. They are also viewed by the courts as public information, which means that anyone that looks you up on the internet can find out if you’ve been granted a restraining order in the past.
In most cases, there are several reasons for a person to request an order of protection. In some states, it may be possible for one person to ask for an order of protection from another without a police report or proof of abuse. In other places, only those who have been physically harmed or threatened with harm may be allowed to seek one. A lot of people think about restraining orders in cases related to domestic violence, but they can also be used against stalkers. You can consult with a divorce lawyer Milwaukee to know whether you have a valid reason for issuing restraining orders.
What are the Common Grounds for Restraining Orders?
Courts look at a whole host of issues, but they generally consider all of these to be valid:
- You are the victim of sexual assault, dating violence, and stalking.
- You have been the victim of stalking or harassment (including cyberstalking) by another person.
- You have been threatened with the use of a weapon or any kind of physical violence against you or your child by another person.
- Stalking by a family member is also recognized in some states as grounds for a restraining order.
- In some cases, you may also be allowed to request one if you’ve been “harassed” online.
What is the General Procedure for Filing a Restraining Order?
In order to file a restraining order, you will need to be sure to visit your local courthouse, county clerk’s office, or Clerk of Court’s office. If you’re dealing with a domestic violence situation and want to petition the court for an order of protection, you can also visit your local police department. When you arrive at the courts you will need to fill out a petition for an order of protection form (which is often available online), and bring it with you. You must then talk with an assistant or representative from the court who can help walk you through the process.
