It’s no secret that divorce can be messy and painful, but sometimes, it’s worse than that. Sometimes, simply refuses to acknowledge that the relationship is over. You may be stalked, harassed, or worse, physically threatened. In these cases, it is entirely appropriate to take out a restraining order against the other party for your own protection. Here’s how you go about doing that:
Contact an attorney. He or she will help you file all the necessary paperwork with the superior court. The key pieces of information you’ll need are the person you’re filing the restraining order against, the reason or reason you’re filing, and the type of protection you want. For instance, you can ask the court to issue a “move out” order, or a protection order. The move-out order forces the subject of the restraining order to physically leave the home you share, while the protection order typically bars that person from coming within 50-100 yards from you.
Evidence – The court won’t just issue the restraining order because you want one. You’ve got to provide evidence that you’re being harassed or threatened, and that evidence has to be recent. You can’t file a restraining order based on harassment that happened six months ago. Here, you’ll be looking at things like medical records, copies of emails or other documents, photographs, and possibly even police records that document the abuses you’ve suffered.
Note that “abuse” doesn’t have to be physical. Stalking, obscene phone calls, or veiled threats can all be a strong basis for getting a restraining order. If the subject of the restraining order violates it, he or she may be subject to fines, or even jail time.
The major point here, is simply this: If you’re being threatened or harassed, you’re not powerless. You can fight back, using the law, and a restraining order can be a powerful tool. It can also help give you the space and security you need to carry on with the divorce proceeding.
