When Do I Need a Restraining Order
Oct. 15, 2019
Sometimes in life, people do strange, suspicious, violent and dangerous things to others repeatedly, causing mental and physical stress and harm to their victims. These victims will often feel trapped, haunted, hunted, stalked, and ashamed because they don’t know where to turn, run, or what to do. In some cases, the only way to stop the stress and abuse is to file for a restraining order, otherwise known as a civil protection order, to keep the aggressor at bay with legal repercussions as the deterrent. It’s a serious event and process to obtain a restraining order on another individual and should not be taken lightly; you cannot file for one just to avoid an ex who has done nothing wrong, unethical, or illegal, for example. So, when would you need a restraining order and how would you obtain one?
Before obtaining a restraining order, it is recommended that you contact a Colorado Springs personal injury lawyer to go over a checklist of facts and events to present to the judge later on. This includes the complaint and any examples of harassment or abuse inflicted upon you, such as verbal threats, physical harm, or property damage/destruction. From here, you’ll need to fill out the legal form requesting the restraining order and you’ll need to list why you need the restraining order, your residence, and place of employment, and then detailed reports about incidents that lead you to need a restraining order. You’ll need to include the most recent event of harassment or abuse as well as the most serious event; any additional incidents may and should be included for reference.
A Colorado Springs personal injury attorney would recommend a restraining order when you no longer feel safe in your home, at work, or in transit due to the aggressive actions of another. Some examples of when it is time to file a restraining order include:
Stalkers: Sometimes, another person feels entitled to know where you are and what you’re doing at all times and will hide (or not) to observe you. While we avoid using slippery slope arguments, things can often take a turn for the worse if someone is stalking you.
Child abuse: For whatever reason, a person thinks it’s okay to take out their frustrations and anger on an innocent child. This could be a parent, babysitter, teacher, or anyone that looks over the child.
Domestic Abuse: Similar to striking a child, some people think it is okay to hit and beat their significant other. Violence is never acceptable and this person needs to be kept at bay.
Repeated threatened harm: No one should have to deal with threats of violence and the aggressor should be kept far away from the victim.
You’ll need to provide facts and evidence regarding any acts of aggression or stalking against you when filing for your restraining order so that the judge can set a proper radius of no contact. If you are successful, the courts will issue a temporary restraining order to protect you; there will then be a followup hearing to decide if a permanent order is needed. For parties going through a divorce, you do not need to file a separate request for a restraining order on top of divorce papers — you can roll them into one.
If you or a loved one is the victim of stalking, harassment, or aggression and no longer feel safe, immediately contact a Colorado Springs personal injury attorney to discuss if a restraining order is a viable option to ensure your safety. Contact us today if you feel threatened so we can begin discussing your case and if a restraining order can help.