What You Will Need If You Want A Restraining Order Against Someone

Law Blog

Restraining orders are designed for protection, but they are not always easy to obtain. If there is a person in your life that is scaring you or causing you to fear for your safety, getting a restraining order might help you stay safe, and it might help you feel safer. The problem is that you will need to prove that you really need one in order for a court to approve your request. Here are two things you will need to do if you want to get a restraining order against someone in your life.

Gather evidence

You cannot simply ask a court to give you a restraining order and expect them to approve it. You need proof that your request is serious, real, and necessary, and the best type of proof is evidence that demonstrates your reasoning behind the request. Here are some types of evidence you should gather before you ask for a restraining order:

  • Copies of written threats, which can include texts, letters, and emails
  • Copies of oral threats, which can include voicemail messages the person left you or recorded copies of phone conversations
  • Letters from witnesses that state what they have witnessed with this person
  • Police reports from any events you may have on record relating to this person
  • A log of details that may help the court understand your concerns and fears
  • Background history of the person if it shows violence, stalking, or other related issues

Once you have this information gathered, you should then determine if it will be sufficient for obtaining a restraining order.

Determine whether your evidence meets the legal requirements

The only way you can get a restraining order against a person is if the court approves it, and courts will only approve these if they strongly believe that this person will harm you physically. The court may also consider emotional harm as it views your case; however, they will typically be more concerned with the possibility that this person might physically harm you. 

A restraining order takes the freedom of a person away from him or her, and this is one of the main reasons courts do not just hand these out whenever they are requested. If you are not sure if you have enough evidence or if your reason is legally valid, you should consider contacting a lawyer to assist you with your case. A lawyer in your area like http://www.austinlrs.com will know the rules relating to restraining orders in your state and will help you get one if you need one.


29 April 2016

Business Law Basics: What Small Business Owners Need to Know

When I started my first small business, I had no idea how much I really didn’t know. I was fully prepared to deal with customers, sell product and even handle complaints and returns. What I wasn’t aware of was that there is so much more to it. I was lacking the legal expertise to protect the company and myself. I wanted others to benefit from my experience, mistakes and lessons learned, so I started this blog. From employment law to the legal business contracts you’ll have to sign when you form partnerships, business law is complex. I hope that the information here will help you to be better prepared when you start your business so that you’ll know when you need to call an attorney and when you can handle things yourself.