Attorneys can help you fill out forms and advise you on which protective order is appropriate to your situation. A restraining order can do a lot more than order the defendant not to harm you. Protective Injunctions and Requirements of Proof. Even if you are innocent of all charges, you may still face serious consequences if you don't have a thorough and solid defense. In serious cases, the only way to stop the behavior is to order the offender to stay a certain distance from the victim. If you've had any type restraining order filed against you, it's essential that you hire a criminal attorney to defend you in court. This will give you a record from the hospital and the police that you were hurt by the abuser. Absolutely nothing beyond the word of the complainant. You do not have to file criminal charges, but the law does allow you to file them if you choose, even if you also get a restraining order.
To know what proof you need for a restraining order, it helps to understand what a restraining order does. Re: What Proof Do You Need to Get a Restraining Order or Protective Order on a Neighb Quoting artms Pictures were submitted to code enforcement for documentation but according to the code enforcement officer they have not seen them and my identity is confidential. A restraining order case isn’t really a civil case and it isn’t really a criminal case either. Any notes, letters, voice mails, or texts from the person you're seeking protection from that threatens, even implicitly, physical harm will generally be sufficient evidence for a restraining order.
Restraining orders are most often issued to people who present evidence that they have been threatened with physical harm.
A Harassment Restraining Order is an order issued by the court in order to keep the offender, or any person acting on his behalf, from contacting the victim in any way. A judge usually can decide a TRO on the same day you request it. The restraining order also keeps the offender from making physical contact with the victim. The person filing for the order completes the required paperwork and submits a claim to the court. No attorney necessary. But because you are seeking to restrict someone's freedom, it's not easy to get a restraining order and you will have to show evidence that contact is dangerous or threatening before a judge can order someone to stay away, especially your neighbor. In most states, you have at least a year after any incident to file criminal charges. Keep 1 copy of the Order to Renew Domestic Violence Restraining Order (Form DV-730), with your Restraining Order After Hearing (Form DV-130) and the filed Proof of Service with you AT ALL times. Restraining orders do what they say, which is restrain the movements of someone who is endangering another. You need to go to the court house to file paperwork for at least a restraining order. What Proof Do You Need for a Restraining Order? The police can also file charges on their own and must do so when you show signs of injury or if a weapon was used. If you are ever physically hurt go to the doctor and contact the police. Advertisement. A judge usually can decide a TRO on the same day you request it. Re: What Proof Do You Need to Get a Restraining Order or Protective Order on a Neighb Quoting artms Pictures were submitted to code enforcement for documentation but according to the code enforcement officer they have not seen them and my identity is confidential. A restraining order can do a lot more than order the defendant not to harm you. A restraining order made under section 5 or 5A of the PHA 1997 may have effect for a specified period or until further order (section 5(3) PHA 1997). A restraining order is enforced by your local police department, giving them power to arrest the person if they get near you or communicate with you in any way. Restraining orders are most often issued to people who present evidence that they have been threatened with physical harm.