In cases of family and divorce law disputes, a judge may issue a restraining order to protect one spouse from the other spouse or ex-spouse
Restraining orders are also issued in cases involving alleged sexual harassment, stalking, threats, assault, and endangerment of a child.
The legal process for obtaining a restraining order requires the petitioner to present evidence regarding the potential danger to the petitioner. At a minimum, this should include the petitioner’s sworn statement under penalty of perjury.
The petitioner should also be prepared to offer testimony and be ready to answer the court’s direct questions. Offering the court third-party under-oath witness statements, emails and texts, witness testimony, and photographs is always persuasive.
Finally, a party subject to a restraining order must legally comply, including no further contact, stay-away orders, or limits on child custody. Stay-away orders usually include a specific distance from the petitioner or the petitioner’s residence.
