Can someone tell me the process of applying for a Restraining order, and the processes of having one granted.
I know I have to go to magistrates court to apply for one, and they will summons the persons to court? Then if they don't turn up then it's automatically granted, if they turn up then what happens? They hear my story, then theirs then they decide whether to grant it?
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14-02-2012 21:19 #1-
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- Nov 2008
Restraining Orders, the process..
14-02-2012 21:35 #2
It greatly depends on who your wishing to put a restraining order on and if their are children involved etc.
some personal experience.
6 years ago I seperated from a violent b/f. No children. I had to go see the safe house place for women and they stepped me through it every step of the way with fantastic support and it was free which at the time was good as I needed their knowledge and support. Your police station can point you in the right direction to them.
I had to make a statement then go to the magistrates court where it was approved, stamped and signed. Because it was urgent the magistrate gave an automatic tempory court order against exb/f. Then I waited almost a week. In that time police collect the file (including your statement) and issue it the the other person. A court date is made.
You must turn up at court. If they dont turn up then in most cases it will be granted. If they do turn up then they may agree to it but on lessor term ie 1 year DVO instead of 5 years etc.
If they obejct and disagree then the court will then issue a hearing date. This is the time where you will need all statements by wittnesses and any evidence to be collected by yourself and given to court by a certain time frame. Then you go back to court and the magistrate will hear both side, witnesses and all evidence.
Sometimes lawyers are involved but usually not always needed. At least wait till a hearing to worry about that. You can have a free lawyer from court help you. The magistrate is usually very helpful aswell.
Again if you have children its more involved.
At the moment I am a witness for an old neighbour going for a peace and well being bond against the nightmares from hell. Its a very similar system.
If you need any other questions asked ask away. Just giving you are rough idea
15-02-2012 01:46 #3
Police can obtain one over the phone if necessary and they can issue summons to alleged offender on site same day.
You then both attend Court and go through the process.
15-02-2012 02:06 #4
I got 1 granted a while ago when a girl threatened to kill me. I took all my evidence about the threat to police. They said they will send a notice to her house and go question her. I had to attend a court hearing and tell the judge what happened and why he should grant it. She wasnt at this hearing. She never had to go to court except for when it was granted to give her the order and tell her what will happen if she breaks it. It was granted for 200 meters. If she broke it she will go to jail and that was granted for 3 months.
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