How To Obtain A Restraining Order Against A Former Spouse

There can be varyings degree of conflicts in every family. However, when there is an element of violence or the threat of abuse against your kids or you should take the matter seriously and try getting a restraining order from the court. Irrespective of what the situation may be, a spouse should never resort to violence to exercise control over someone else or certain circumstances. However, if such a scenario does take place, the said restraining order may offer additional layer of protection so that the fender can be deterred from trying to get in touch with the victim

Ways of getting a restraining order

You can procure a restraining order in two different ways. You can either approach the court of your country or a state or get in touch with the local police station. F you are in severe danger, you can contact the police station via the emergency contact number. However, when there is no I mire t threat of danger, you can visit the court or call the police station in your locality through the listed number.

Irrespective of whether you head towards the local police station or a courthouse, you need to gill up a form. You need to mention the reason why you are requesting for your restraining orders.  The officers may also make necessary arrangements so that you contact the judge. In case you fill your request after several hours, they may ask you to get I touch with the concerned judge over the phone. If the judge does grant the request made by you, there will be an immediate temporary restraining order will be immediately effective and a court date would be scheduled. Thereafter, your ex-spouse will be notified by the court about the restraining order along either the court date that should typically happen within a fortnight.

How to appear in the court before your judge when a restraining order is awarded

Here are a few tips to appear before your judge. It is expected that the judge will ask you to repeat your request for getting a restraining court. You need to ensure the following:

·        Always try to speak the truth

·        Speak with proper clarity and repeat the facts that are relevant to your request.

·        Carry all the important and relevant documentation so like text records or e-mails when you arrive at the court.

·        You can state all such history or back stories, which could matter for the judge to make his/her decision like previous acts of physical abuse or violence against the kids or you.

In case you have any restraining orders from the past, you should also show them to the judge. It will be incorrect on your part to assume that the judge will have knowledge about them automatically.

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Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.