Getting a restraining order is not an easy process, and it is identical to other court processes. This document is also known as a protective order that is used by the judiciary to protect its citizens and organizations.
Getting one also involves filling the documents, being in the court on the date of hearing, and waiting for the judge’s decision. The reason is the person filing for one must give a piece of evidence that the subject of the restraining order gives a direct threat to the applicant.
For a restraining order, the applicant has to provide proof to the judiciary that shows why do you need one and give some relevant facts to clear your position.
Before we discuss what are the facts that we need to present to the judiciary first we shall know that the purpose of a restraining order is to protect yourself from a person or a group of persons that threaten you or might harm you. It protects the citizens from acts of violence, stalking, serious harassment, or even verbal threats of violence.
You need facts and proof because courts usually do not decide to stop the abusing part unless you provide supported facts. The court shall know what is happening around you to give a decision in your favor and give you protection.
When a person wants to put a request in front of the judiciary for a restraining order, first they have to make a list of the possible threatening events that they faced from the accuser and want to stop them.
For instance, if a girl finds a boy chasing or stalking him every day on her way back home. She can tell the court, “This boy followed me on my way back home every day. He follows me every day.” However, the court will ask you for tangible evidence.
The court does not believe statements and does not make decisions on random feelings. They want proof and the judge is not interested if the follower is a creepy neighbor or he is her ex. This girl has to show proof that the person she suspects would harm her or threaten her or if he has done any such thing in the past but with proof.
You have to give the court a reasonable reason along with valid proof to restrict the movement of a specific person or group of persons.
If you are threatened by a person, the first thing to do is talk to a victim advocate. They can guide if it is the right time to plea for an Order of Protection- a restraining order or not. At times, a restraining order is not the first choice to be made and might not be in your good interest.
A victim advocate can also help you to figure out if a restraining order would help you or not. Besides they also give you ample information about how to apply for a restraining order and what facts to collect.
Concluding if you feel threatened with the presence of someone and they are trying to harass you verbally or physically, you can apply in court for a restraining order for your protection. But the court does not limit the movement of someone on just statements, you need to collect relevant facts and proofs and present them in the court.