Restraining Orders for Teens

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Presentation transcript:

Restraining Orders for Teens

What is a Restraining Order? Why might I want one? How do I get one?

What is a Restraining Order A Restraining Order is a court order that another person must stay away from you -usually stay 100 yards away from you And your home And your car And your work Your school?

What else can a Restraining Order do? Prevents that person from Calling you Texting you Emailing you Posting inappropriate things about you on social media (within limits)

Requirements for a Restraining Order 1. A Specific (Domestic) Relationship 2. Proof of an act of abuse

A Specific Domestic Relationship Marriage, dating, used to date Parents, grandparents, siblings, children

A Past Act of Abuse Bodily injury Sexual assault Reasonable fear of immediate serious bodily injury Hit, threaten, harass, stalk, destroy personal property

Can I get a Restraining Order? I’m a minor. Yes. Age 12 and up BUT Court will send a copy to one parent, unless in best interests of minor not to

How do I get a Restraining Order? Get the forms from court or self help center Fill them out Submit them to the court

Does it cost money? NO.

What Happens next? The court will make a decision on your paperwork alone. If Reasonable Proof And necessary Court will issue Temporary Restraining Order

Who knows? Just you. You can get a temporary restraining order without even telling the other side.

Does the other side find out? YES The court will set it for a hearing. Then you HAVE to tell the other side. They have a right to be at the hearing and hear what you are asking the judge for and why. They have a right to tell their side.

How do you tell the other side? You don’t The papers must be served In person By someone over 18 Not by you Usually by the sheriff

What is the purpose of the hearing To see if the temporary order should last longer One, two or three years To allow the other side an opportunity to tell their side

What Happens at the Hearing? Do I have to go? Can I go without my parents? Do I have to be in the same room as the other side? Do I have to talk? Support person? Do they get to talk?

How do I Win? Reasonable proof of a past act of abuse Your testimony Photos Copies of texts Witness Whatever may be helpful

How do I win Reasonable proof of a past act of abuse Necessary to prevent a recurrence of domestic violence Not just a one time thing

What if there is a tie? What if it is my word against his/her word?

How do I enforce a Restraining Order? Call the police.