Article Structure
The process of obtaining a restraining order can be daunting, yet understanding the necessary steps can alleviate some of the stress involved. Central to this process is the Restraining Order Notice form, which encompasses multiple important documents essential for your application. This form includes the Petitioner’s Confidential Information Form, the Respondent’s Confidential Information Form, and the Notice of Filing Confidential Information Form, all designed to protect sensitive information. Additionally, you will need to complete the Petition for a Family Abuse Prevention Act (FAPA) Restraining Order, along with the Restraining Order form that includes a Relevant Data Sheet. It is critical to ensure that these documents are filled out accurately and submitted at the Information Clerk’s window before 11 A.M. on the day of your appearance before a judge. Without adherence to this timeline, delays may occur, potentially compromising your safety. Upon submission, it’s also vital to present a current, state-issued photo ID, as this will be necessary for signing your forms. Remember, you’re not alone in this process. If you have questions or need support, resources like Victims’ Assistance are available to guide you. The urgency in filing cannot be understated; the safety of you and your children often hinges on swift action. All in all, understanding these requirements and procedures will better prepare you for the journey ahead.
Restraining Order Notice Example
NOTICE
Once you have completely filled out the following forms, please check in with the Information Clerk on
the first floor of the court house to have your application reviewed:
•Petitioner’s Confidential Information Form
•Respondent’s Confidential Information Form
•Notice of Filing Confidential Information Form
•Petition for FAPA Restraining Order
•Restraining Order, including Relevant Data Sheet
•Case caption on the Notice to Respondent and Request for Hearing form
Your completed forms MUST be turned in at the Information window BEFORE 11 A.M. to see a
judge the same day. The clerk will need your current,
signature. Once reviewed, the clerk will tell you which court room to appear in at 1P.M. to see the judge.
If you have questions about the restraining order, an advocate may be available at Victims’ Assistance,
located at: 708 Main St. Oregon City, OR 97045 (Just a half block down the street on your left).
You may also call them at
For Court Use Only:
Appear at 1 P.M. in court room # |
Located on the |
floor |
GETTING A FAMILY ABUSE PREVENTION ACT (FAPA)
RESTRAINING ORDER
INSTRUCTIONS
Procedures vary from court to court. Check with your local court for filing instructions.
IMPORTANT NOTE
INFORMA TION THAT MUST RE KEPT CONFIDENTIAL
You must keep certain information (“confidential personal information”) out of any papers you file or submit to the court and, instead, provide that information in a Confidential Information Form (CIF). “Confidential Personal Information” includes social security number; date of birth; former legal names, driver license numbers; and employer’s name, address, and telephone number. It also applies to information regarding a party or a party’s child. On the pleading or document where that confidential personal information would otherwise appear, you must note that the information has been separately provided under UTCR 2.130.
Relevant Rules and Forms
UTCR 2.130. - Family Law Confidential Information Forms
UTCR Form 2.130.1 - Family Law Confidential Information Form
UTCR Form 2.130.2 - Notice of Filing Confidential Information Form
WHAT IS A RESTRAINING ORDER?
A restraining order is a court order that tells the person who hurt you (the respondent) to leave you and your children alone. It can tell the respondent to move from your home and can deal with temporary custody and parenting time of your children. You can ask the judge to add other orders (listed in the restraining order papers) that you think will help you stay safe. You also can ask the court to include an order that says the respondent cannot have guns. A restraining order can deal with custody and parenting time issues only temporarily. To get “permanent” custody and parenting time orders, you will need to a file a family law case, such as a divorce or a custody case.
WHAT ARE THE REQUIREMENTS FOR GETTING A RESTRAINING ORDER?
1.Age You must be at least 18 years old or
You are younger than 18 and the person who abused you is at least 18 and
•you are (or were) married to that person or
•you have been in a sexual relationship with that person.
2.Relationship The person who abused you is:
•your husband, wife or domestic partner
•your former husband, wife, or domestic partner
•an adult with whom you are living (or did live) in a sexual relationship
•an adult with whom you have been in a sexual relationship in the last two years
•an adult related to you by blood, marriage, or adoption
•the parent of your child
INSTRUCTIONS - OBTAINING A FAPA RESTRAINING ORDER - Page 1 of 4
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3.Abuse In the last 180 days*, the person who abused you must have:
•physically injured you or
•tried to physically injure you or
•made you afraid that he or she was about to physically injure you or
•made you have sexual relations against your wishes by using force or threats of force
(*Any time period when the person who abused you was in jail or lived more than 100 miles from your home does not count as part of the 180 day period. This means you may still be able to get a restraining order even if it has been more than 180 days since you were abused.)
4.Ongoing You are in danger of more abuse very soon, and the person who abused you is a threat to
Danger the physical safety of you or your children.
NOTE: A judge cannot give you a restraining order solelyfor threats to take your children, rude behavior,
verbal or emotional abuse, or damaged property unless you were in fear that you were about to be physically injured.
WHERE DO I FILE FOR A RESTRAINING ORDER AND HOW MUCH DOES IT COST?
You must file for a restraining order in the courthouse in the county where either you or the respondent live. Getting a restraining order is free.
HOW DO I FILL OUT THE PAPERS TO GET A RESTRAINING ORDER?
Use a blue or black ballpoint pen and write clearly. Answer each question carefully and tell the truth. Do not write in the part of the papers that say “Judge’s Initials”. You will need to sign in front of a notary or court clerk. Bring ID (photo ID is best). If available, a court facilitator or advocate may be able to help you with the forms. They cannot answer legal questions.
WHAT HAPPENS AFTER I FILL OUT THE PAPERS?
A time will be set for the judge to look over your papers. The judge may ask you some questions. If the judge gives you the restraining order, court staff will make copies for you. You will need to have one of the copies
WILL A HEARING BE SCHEDULED?
In a few cases, the judge may wait to make a custody order and will set a hearing to get more information about the children from you and the respondent. You must go to that hearing or the order will probably be dismissed (dropped).
Otherwise, the respondent has 30 days from the date of service to request a hearing contesting the restraining order. If the respondent does not request a hearing, the restraining order will stay in effect. After 30 days from the date of service, if the restraining order has not been dismissed, the only type of hearing a party may request is to make changes to custody and/or parenting time, respondent’s removal from the home, respondent’s restrictions from other premises, or contact by the respondent
If the respondent does request a hearing, it will be held very quickly. You may have as little as two days to get ready to go to the hearing. If the hearing is scheduled more than a few days away, the court will send you
INSTRUCTIONS - OBTAINING A FAPA RESTRAINING ORDER - Page 2 of 4
(FAPA 9/10)
notice of the time and date of the hearing in the mail. If there is not enough time to mail you a notice, the court
may contact you by telephone. Be sure the court always has your current contact addresses and contact
phone numbers so you get notice of any hearing. You also can call the court to check to see if a hearing has been set.
You must go to the hearing or the order will probably be dropped. If you cannot go to the hearing due to an emergency, call the court clerk right away. It may be helpful to have an attorney represent you at the hearing, but it is not required.
WHAT HAPPENS AT THE HEARING REQUESTED BY THE RESPONDENT?
The purpose of the hearing is to decide whether or not the restraining order will remain in effect, and if it does remain in effect, if the order will stay the same or change in some way. The judge may decide not to change the order even if both sides agree that they want the same changes.
At the hearing, you must prove that you have been abused and that you are in danger of further abuse. You should be ready to give your own testimony, call witnesses, and give the judge any evidence you have (such as photos of your injuries). In some cases, if the restraining order stays in effect, it will be against the law for the respondent to have guns. If you are worried about your safety, you may ask for a sheriff’s deputy to be present in the courtroom.
HOW LONG DOES A RESTRAINING ORDER LAST?
A restraining order lasts for one year from the date the judge signed it or until a judge orders it cancelled. It can be renewed for one year at a time, if the judge believes you are likely still in danger. To renew the order, you must file the court paperwork before the order ends.
WHAT CAN I DO IF THE RESPONDENT VIOLATES (DOES NOT FOLLOW)
THE RESTRAINING ORDER?
You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court. If found guilty of contempt, the respondent can be fined, placed on probation, or put in jail. It is best that you carry a copy of the restraining order with you at all times and that you not contact the other party. A restraining order does not guarantee your safety. You can take other steps to stay safe. A domestic violence or sexual assault program can help.
For information regarding domestic violence resources, please visit our website. http://courts.ore2on.2ov/OJD/OSCA/cpsd/courtimprovement/familylaw/domesticviolence.pa2e?
WHAT IF I WANT TO DROP THE RESTRAINING ORDER?
You must file papers at the courthouse to ask the judge to drop the order. The order remains in effect until the judge dismisses it. It may take a few days for law enforcement to get notice of the dismissal.
INSTRUCTIONS - OBTAINING A FAPA RESTRAINING ORDER - Page 3 of 4
(FAPA 9/10)
CAN THE RESTRAINING ORDER BE CHANGED WHILE IT IS IN EFFECT?
At any time after a restraining order has been entered, you may request that the court modify, remove, or make less restrictive those terms involving custody and parenting time, respondent’s removal from the house, respondent’s restrictions from other premises, or contact by the respondent
DO I NEED A LAWYER?
If you have questions about how the law works or what it means, you may need to talk to a lawyer. You are not required to have a lawyer to obtain the restraining order, but you can have a lawyer represent or help you if you wish. If you need help finding a lawyer, you may call the Oregon State Bar’s Lawyer Referral Service at 503.684.3763 or 800.452.7636. If you believe you cannot afford a lawyer, ask court staff if your area has a legal services (legal aid) program that might help you.
WHAT IF I NEED AN ACCOMMODATION OR AN INTERPRETER?
If you have a disability and need an accommodation, or you are unable to speak English and need a foreign language interpreter, you must tell the court as soon as possible, but at least four days before your hearing. Tell the clerk that you have a disability and what type of assistance you need or prefer, or which language you speak.
INSTRUCTIONS - OBTAINING A FAPA RESTRAINING ORDER - Page 4 of 4
(FAPA 9/10)
Information about the Confidential Information Form (CIF)
What is a CIF?
Most court files may be viewed by the public. Uniform Trial Court Rule (UTCR) 2.130 requires certain confidential personal information to be protected from public disclosure. That is done by providing the information in a separate form. After you file your papers, the court keeps the form separate from the part of the court file that may be viewed by the public. The form is UTCR Form 2.130.1, known as the Confidential Information Form, or CIF.
What information does a CIF make confidential?
•The information protected by the CIF is social security numbers, birth dates, driver license numbers, and former legal names. Also protected is the name, address and telephone number of a party’s employer.
•The CIF should only be used to protect the information described above. There may be other information in your court papers that you do not want the public to be able to see, such as bank account or credit card numbers. The separate process for protecting that information is described in UTCR 2.100. The instructions and forms can be viewed here: UTCR 2.100 Instructions and UTCR 2.100 Long Form.
How do I know when I need to put information in the CIF?
When you file a document with the court that requires you to include the protected information listed above, that information must only be provided to the court in a CIF, and must not be listed in any other document to be filed. Where you would otherwise provide the information in the document to be filed, you must make a notation that the information has been provided in the CIF. For example, if a document requires a party’s frill social security to be listed, you must not list the social security number, but must instead write in the document that the information has been “separately filed under UTCR 2.130.” The online court forms already include
this notation where necessary.
Do I need to file more than one CIF?
•In most cases, yes. You must fill out a CIF for yourself, and if the documents you are filing with the court require confidential personal information about the other party, you must also fill out a separate CIF with the other party’s information. If your case involves minor children you should include their information in your CIF. You do not need a separate CIF for your minor children. You will; however, need to fill out a separate CIF for any children between you and the other party who are unmarried, and between the ages of 18 and 21. These children are considered legal parties to the case.
•If there is CIF information you do not know when you file your papers, but you learn it at a later and file a document that requires it; or if the information changes during your case, you must file an amended CIF that provides the new or updated information.
•The CIF rule requires you to redact - black out or erase - confidential personal information from any attachments to documents you file with the court, and to make a note on the attachment that the information has been provided in the CIF. The only time you must not segregate confidential personal information from a document, is when you are required to attach a court certified copy of a document. Documents that are required to be court certified must not be altered in any way.
Does the other party get copies of a CIF I file?
•You are not required to serve the CIFs on the other party, although you may share a CIF with the other party if you chose to do so. You are required to fill out UTCR Form 2.130.2 Notice of Filing CIF and file it with the court. A copy of this Notice must be mailed or delivered to all parties to the case. A certificate of service must be filed with the court, showing the date the notice was mailed or delivered, and to whom. The Notice may be also served by process server, Sheriff, or third party. In this case, the proof of service form should list the Notice of Filing CIF as a document that was served.
•There are steps the other party and other people can go through to ask the court to allow them access to a CIF that you have filed. UTCR 2.130 explains this process in detail. The CIF rule can be read at UTCR 2.130 CIF Rule and Forms.
Please Note: If your case already contains confidential personal information that was previously filed, those documents are not affected by this rule. The court is under no obligation to remove confidential personal information from any document; regardless of when it’s filed. If you would like to remove confidential information from a document that’s already been filed with the court, you will need to follow a separate process that is described in UTCR 2.110(4), which you can read more about here: UTCR 2.110 Protected Personal Information Procedures. The form is available here: UTCR 2.110 Form
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR CLACKAMAS COUNTY
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Case No.: |
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CONFIDENTIAL INFORMATION FORM (CIF) FOR |
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PROTECTED PERSON (PETITIONER) IN FAMILY |
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ABUSE PREVENTION ACT (FAPA) CASES |
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Amended CIF |
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Respondent |
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This document is not accessible to the public |
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or other parties. See UTCR 2.130 |
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ATTENTION COURT STAFF: THIS IS A
DOCUMENT.
The information below is about: Petitioner
Name (Last, First, Middle):
The names of the parties and the children, as well as the children’s ages, are NOT confidential.
Date of Birth of Petitioner:
Children's Names (Last, First, Middle) |
Date of Birth |
Page 1 - Form 2.130.1 - CONFIDENTIAL INFORMATION FORM FOR PETITIONERS IN FAPA CASES- UTCR 2.130 (Revised
Ihereby declare that the above statements are true to the best of my knowledge and belief and that I understand they are made for use as evidence in court and are subject to penalty for perjury.
Date:Signature:
Type or Print Name:
COMPLETED AND SUBMITTED BY:
Petitioner
NOTE TO COURT STAFF: This Confidential Information Form is not available to the opposing party or his/her attorney, or to the public; except for the state and law enforcement. See UTCR 2.130
NOTICE TO PETITIONER:
The Sheriff is required by law to provide you with a true copy of the proof of service which shows when the Restraining Order has been served.
If you would like to also receive an email message and/or cell phone text message advising you of when the Restraining Order has been served on the Respondent and another message 30 days before the Order expires, please provide the information requested below. This information will be given to the sheriff’s office in the county where the Restraining Order was obtained.
This is
Your cell phone number:
Your cell phone carrier (ATT, Verizon, etc.):
Your email address:
Note: If this information changes, you must notify the Sheriff’s office of the new information in order to receive the notice by email or cell phone text message.
Page 2 - Form 2.130.1 - CONFIDENTIAL INFORMATION FORM FOR PETITIONERS IN FAPA CASES- UTCR 2.130 (Revised
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR CLACKAMAS COUNTY
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CONFIDENTIAL INFORMATION FORM (CIF) |
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AMENDED CIF |
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NOTICE: Confidential Information Form Has Been Filed
•Uniform Trial Court Rule (UTCR) 2.130 requires that parties to domestic relations cases place certain information about themselves and other parties in a CIF when such information is required in a document filed with the court.
•The CIF is not available for public inspection except as authorized by law.
•Parties are allowed to see a CIF that contains information about them.
•A party who wants to see a CIF that contains information about another party must ask for permission from the court or the other party by following the procedures set out in UTCR 2.130.
I am the (check one box):
Petitioner Respondent
Child at least 18 but under 21:
Other:
I filed Confidential Information Forms with the Court about the following parties to this
case (complete a section for each party for whom you have filled out a CIF):
1)Name (Last, First, Middle):
Petitioner Respondent
Confidential Personal Information contained in CIF (check all that apply):
party's Social Security number, party's date of birth, children's Social Security number,
children’s date of birth, employer’s name, address and telephone number, driver license number, former legal name(s).
Page 1 of 2 Form 2.130.2 - NOTICE RE: FILING OF CONFIDENTIAL INFORMATION FORM - UTCR 2.130 (Revised
2)Name (Last, First, Middle):
Petitioner Respondent
Confidential Personal Information contained in CIF (check all that apply):
party’s Social Security number, party's date of birth, children's Social Security number, children's date of birth, employer's name, address and telephone number, driver license number, former legal name(s).
3)Name (Last, First, Middle):
Petitioner Respondent
Confidential Personal Information contained in CIF (check all that apply):
party’s Social Security number, party’s date of birth, children's Social Security number,
children’s date of birth, employer's name, address and telephone number, driver license number, former legal name(s).
4)Name (Last, First, Middle):
Petitioner Respondent
Confidential Personal Information contained in CIF (check all that apply):
party's Social Security number, party's date of birth, children's Social Security number,
children’s date of birth, employer’s name, address and telephone number, driver license number, former legal name(s).
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Page 2 of 2 Form 2.130.2 - NOTICE RE: FILING OF CONFIDENTIAL INFORMATION FORM - UTCR 2.130 (Revised
Form Characteristics
| Fact Name | Description |
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| Required Forms | Applicants must complete the Petitioner’s and Respondent’s Confidential Information Forms, and the Petition for FAPA Restraining Order, among others. |
| Submission Deadline | Completed forms must be submitted at the court's Information window before 11 A.M. for same-day hearing. |
| Identification Requirement | Current, state-issued photo identification is mandatory for signing documents in front of the clerk. |
| Confidential Personal Information | Certain sensitive information must be kept confidential and submitted using specific Confidential Information Forms. |
| Legal Protections | A restraining order serves to prevent further abuse and may include temporary custody arrangements for children. |
| Filing Location and Fees | Petitions must be filed in the county where either party resides. There are no fees for obtaining a restraining order. |
| Oregon Governing Law | The restraining order process is governed by the Family Abuse Prevention Act (FAPA) and Oregon law UTCR 2.130. |
Guidelines on Utilizing Restraining Order Notice
Once you've filled out the necessary forms, your next step is to ensure everything is in order before heading to the courthouse. Make sure to review your forms carefully and understand the process ahead. You'll need to submit your paperwork to an Information Clerk, who will assist you in the following steps.
- Start by obtaining the following forms that need completion:
- Petitioner’s Confidential Information Form
- Respondent’s Confidential Information Form
- Notice of Filing Confidential Information Form
- Petition for FAPA Restraining Order
- Restraining Order, including Relevant Data Sheet
- Case caption on the Notice to Respondent and Request for Hearing form
- Use a blue or black ballpoint pen to fill out each form clearly and legibly.
- Answer all questions truthfully. Avoid leaving any sections blank; if something doesn’t apply, indicate this appropriately.
- Do not write in sections labeled "Judge’s Initials." Your signatures should be placed only where required.
- Prepare a government-issued photo ID to present to the clerk during your submission.
- Make sure to keep your confidential personal information protected by completing the Confidential Information Forms.
- Submit your completed forms at the Information window before 11 A.M. to ensure you can see a judge on the same day.
- After submission, wait for the clerk to provide guidance on which courtroom to attend at 1 P.M. for your hearing.
- If possible, reach out to Victims' Assistance at 708 Main St. in Oregon City or call them at 503-655-8616 for additional support.
What You Should Know About This Form
What are the forms I need to fill out to apply for a restraining order?
To apply for a restraining order, you need to complete several forms: the Petitioner’s Confidential Information Form, Respondent’s Confidential Information Form, Notice of Filing Confidential Information Form, Petition for FAPA Restraining Order, Restraining Order with Relevant Data Sheet, and the Notice to Respondent and Request for Hearing form. It is crucial that you check in with the Information Clerk on the first floor of the courthouse after filling out these forms to have your application reviewed.
What should I do with my completed forms?
Your completed forms must be submitted at the Information window before 11 A.M. If you miss this deadline, you may not be able to see a judge the same day. Make sure you have your current state-issued photo identification ready for the clerk to witness your signature. After reviewing your forms, the clerk will direct you to the appropriate courtroom where your hearing will take place at 1 P.M.
Is there a cost to file for a restraining order?
Filing for a restraining order is free of charge. You won't incur any fees when you submit your application at the courthouse.
What happens after I fill out the papers?
Once you have submitted your papers, a time will be set for a judge to review them. During this time, the judge may ask you questions regarding your situation. If the judge grants the restraining order, staff will make copies, and you are required to have one of these copies delivered to the respondent. This delivery must be done by a sheriff’s deputy, private process server, or another adult who resides in the state, as you cannot serve the papers yourself.
What constitutes abuse in applying for a restraining order?
Abuse can take various forms, including physical injury, attempted physical injury, threats of physical harm, or forced sexual relations. It is important that the abusive actions occurred within the last 180 days. Circumstances may extend the timeline if the abuser was in jail or lived farther than 100 miles away during this period.
What should I expect during the hearing for a restraining order?
The hearing serves as a venue to determine whether the restraining order will remain in effect. You must present evidence of the abuse you suffered, including your testimony, witnesses, and any relevant documentation. If a hearing is requested by the respondent, it may occur quickly, sometimes within two days, so be prepared to present your case. However, if the respondent doesn't ask for a hearing within 30 days of service, the order will automatically remain in effect.
Can I have someone assist me during the application process?
If available, advocates or court facilitators can assist you in filling out the forms and understanding the process. However, they cannot provide legal advice. Always ensure that your contact information is current with the court to receive important notifications regarding your hearing.
What if I cannot attend the scheduled hearing?
If you're unable to attend the hearing due to an emergency, it's crucial to contact the court clerk immediately. If you fail to appear without a valid reason, the court may dismiss your restraining order request. Having an attorney represent you at the hearing may enhance your case, but this is not a requirement.
Common mistakes
When filling out the Restraining Order Notice form, people often encounter various challenges that can complicate the process. One common mistake is providing incomplete information.
It's crucial to carefully answer each question and ensure no sections are left blank. In the event of missing information, the court may delay proceedings or require additional hearings, prolonging your wait for protection.
Another frequent error involves neglecting confidentiality requirements. Personal information such as social security numbers and details about your children must remain confidential. Failing to follow this guideline can jeopardize your safety. Remember, there are specific forms designated for sharing private information, which should be used accordingly.
Additionally, some individuals mistakenly think that they can submit forms at any time. There is a strict deadline to meet—completed forms must be submitted before 11 A.M. to potentially see a judge the same day. Missing this window can delay your case significantly.
Moreover, a significant misunderstanding lies in the requirement of a signature. Many people forget to bring their current state-issued photo ID.
Without proper identification, the court clerk cannot witness your signature, causing further setbacks in the application process. Finally, failing to seek help can be a mistake as well. While some applicants feel confident filling out the form alone, involving an advocate can make the process smoother and more efficient.
By avoiding these common pitfalls, individuals can navigate the Restraining Order Notice form with greater confidence and clarity, helping to ensure their safety and expedite their case.
Documents used along the form
Filing for a restraining order involves several key forms and documents that work together to ensure the process is well-organized and clear. Each of these documents serves a distinct purpose which is crucial for ensuring your application is processed correctly and efficiently.
- Petitioner’s Confidential Information Form: This form allows you to provide sensitive personal information to the court without making it publicly accessible. It ensures your private data remains confidential.
- Respondent’s Confidential Information Form: Similar to the petitioner’s form, this document collects sensitive information about the respondent, also ensuring that it stays confidential.
- Notice of Filing Confidential Information Form: This form notifies the court that confidential information has been filed separately. It is important for maintaining the integrity of both parties' private details.
- Petition for FAPA Restraining Order: This is the main document where you outline your request for a restraining order. It details the reasons for your request and the specific protections you seek.
- Restraining Order, including Relevant Data Sheet: This document officially serves as the court’s order if granted. The relevant data sheet includes essential information regarding the restrictions placed on the respondent.
- Case Caption on the Notice to Respondent and Request for Hearing Form: This form provides necessary details about the case, including identifying the parties involved, and serves as a formal notice to the respondent regarding the hearing.
Each of these documents plays a vital role in the restraining order process. Ensuring that these forms are accurately completed and submitted is crucial for your safety and the legal proceedings involved.
Similar forms
The Restraining Order Notice form serves a critical function in court proceedings, particularly in cases related to family abuse prevention. There are several other documents that share similarities with this form, as they also deal with issues of confidentiality and protection orders. Below is a list of documents similar to the Restraining Order Notice form:
- Petition for Domestic Violence Restraining Order: Like the Restraining Order Notice, this document requests protection from an abuser and outlines specific acts of violence or threats. Both forms require detailed information about the relationship and incidents of abuse.
- Temporary Restraining Order (TRO): This document provides immediate relief to individuals in danger, much like the Restraining Order Notice. Both documents must be filed in a similar manner and reviewed by a judge promptly.
- Notice of Hearing: This document informs both parties about scheduled court appearances related to restraining orders. Similar to the Restraining Order Notice, it is essential for ensuring due process and notifying the respondent of legal proceedings.
- Confidential Information Form: This form gathers sensitive personal data while protecting an applicant’s privacy. Like the Restraining Order Notice, it emphasizes confidentiality, requiring certain information to be submitted separately.
- Affidavit of Service: This document verifies that court papers have been delivered to the respondent. It shares the purpose of documenting compliance with the legal process, just as the Restraining Order Notice facilitates the enforcement of the order.
- Petition for Modification of Restraining Order: Similar to the original Restraining Order Notice, this document requests a change to the terms of the existing order. Both documents follow a structured process requiring court review and possibly a hearing.
Dos and Don'ts
Things You Should Do When Filling Out the Restraining Order Notice Form:
- Use a blue or black ballpoint pen to write clearly.
- Answer each question carefully and truthfully.
- Bring a current, state-issued photo identification for signature verification.
- Check in with the Information Clerk to have your application reviewed before submission.
Things You Shouldn't Do When Filling Out the Restraining Order Notice Form:
- Do not write in the sections labeled “Judge’s Initials.”
- Do not provide confidential personal information directly on the application.
- Do not serve the restraining order papers yourself.
- Avoid submitting your forms after 11 A.M. if you want to see a judge the same day.
Misconceptions
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Misconception: A restraining order provides permanent protection.
While a restraining order is a serious court order, it is typically temporary. For ongoing protections, you will need to pursue a family law case, like a divorce or custody case. This means that a restraining order can help in the short term but does not substitute for a permanent legal arrangement regarding safety and custody.
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Misconception: Filing for a restraining order involves a significant cost.
This is not true. Obtaining a restraining order is generally free. You do not have to pay any court fees when you file for a restraining order, making it accessible for those in need of immediate protection.
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Misconception: You can serve the restraining order papers yourself.
This is incorrect. You must have another adult, a sheriff’s deputy, or a private process server deliver the restraining order to the respondent. This rule is in place to ensure that the service is done appropriately and that the respondent is officially notified of the court’s decision.
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Misconception: A restraining order can be issued for non-physical abuse.
While emotional or verbal abuse can be serious, a judge cannot grant a restraining order simply based on such actions. There must be evidence of physical injury or a credible threat of physical harm to establish the need for protection.
Key takeaways
Filling out and using the Restraining Order Notice form effectively is crucial for your safety and legal process. Here are some key takeaways to keep in mind:
- Ensure that all necessary forms are completed before your visit. This includes the Petitioner’s Confidential Information Form, Respondent’s Confidential Information Form, and other specified documents.
- Submit your forms at the Information window before 11 A.M. to appear in court the same day. Don't forget to bring your state-issued photo ID.
- Confidential personal information must be handled carefully. Use Confidential Information Forms to protect sensitive details like social security numbers and addresses.
- Remember that obtaining a restraining order is a free process. You must file at the courthouse where either you or the respondent lives.
- Be prepared for a hearing. If the respondent contests the order, you will need evidence and may want to consult an attorney for support.
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