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Restraining Orders for Teens
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What is a Restraining Order?
Why might I want one? How do I get one?
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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?
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What else can a Restraining Order do?
Prevents that person from Calling you Texting you ing you Posting inappropriate things about you on social media (within limits)
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Requirements for a Restraining Order
1. A Specific (Domestic) Relationship 2. Proof of an act of abuse
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A Specific Domestic Relationship
Marriage, dating, used to date Parents, grandparents, siblings, children
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A Past Act of Abuse Bodily injury Sexual assault
Reasonable fear of immediate serious bodily injury Hit, threaten, harass, stalk, destroy personal property
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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
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How do I get a Restraining Order?
Get the forms from court or self help center Fill them out Submit them to the court
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Does it cost money? NO.
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What Happens next? The court will make a decision on your paperwork alone. If Reasonable Proof And necessary Court will issue Temporary Restraining Order
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Who knows? Just you. You can get a temporary restraining order without even telling the other side.
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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.
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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
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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
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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?
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How do I Win? Reasonable proof of a past act of abuse Your testimony
Photos Copies of texts Witness Whatever may be helpful
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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
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What if there is a tie? What if it is my word against his/her word?
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How do I enforce a Restraining Order?
Call the police.
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