Experiencing stalking, threats, harassment, abuse, or domestic violence? Want to restrain the person who is harming your physical and mental health? You are at the right place. In this article, I will tell you how much does a restraining order cost, how you can file a restraining order, and what proof you need to ensure your harasser gets restrained and stays far away from you.
What is a Restraining Order?
A Restraining order is when the court takes legal action to protect the victim from stalking, harassment, threats, verbal or physical abuse, and domestic violence. It is also called a protective order/ protection order/ stay away order/ order of protection order/ protection from abuse (PFA) order.
Depending on the severity of the case, the judge issues a restriction order. There are four types of restraining order lawyer issues.
- Ensure your abuser can not contact you from any source.
- Ensure your abuser can not come near you. It includes your home and workplace.
- Ensure your abuser takes proper counseling from professionals.
- Ensure your abuser surrenders any firearms they have if your life is at risk.
If the abuser does not follow the restraining order, the victim can appeal to the court again. The abuser will face a serious consequence. They can be charged with arrest, jail time, or fines.
How Much Does a Restraining Order Cost: With and Without Domestic Violence
Your restraining order costs depend on whether you faced domestic violence or not.
$400-$450 Without Domestic Violence
If you were not injured, threatened, or stalked by the abuser, you need to pay the restraining order fee of around $400-$450. However, for many people, this fee is a lot. So, if you can not afford it, you can request that the judges waive it. You just need to show proof of your financial instability, such as low monthly income and public benefit papers, and your fee will be reduced.
A Case Study to Give You an Example. Mimi’s husband has been verbally abusing her for years. He does not hurt her physically, but whenever something does not go his way, he calls her names and hurts her with her weakness, which creates fear in her. As a result, she is losing her self-confidence day by day. In her case, she did not face any domestic violence but wanted to be free from her husband. So, she had to pay the allocated fee to issue a restraining order for the husband.
It was just one example. If you are facing any harassment or mental abuse that makes you feel unsafe and lose yourself, collect as much evidence as possible and contact a professional restraining order law firm to prove your claim. Don’t worry about the fees because the judge can waive them, understanding your situation.
$0 with Domestic Violence
If you can prove your abuser has stalked you, threatened you, or harmed you physically, you do not have to pay any restraining order fee.
While filing a restraining order, closely read and review 13, 13a, 13b boxes. These boxes indicate you are facing domestic violence. Also, show your assault evidence to the judge to prove your claim. If the judge takes your claim as true, you will get the restraining order with no additional fee.
However, if you think you do not have enough proof and can not convince the judge, consider hiring a professional domestic violence lawyer. The experienced attorney can consult with you, help you gather more evidence, and prove your claim. As a result, your restriction order will be guaranteed with $0 cost. However, you have to pay the lawyer, so talk to them beforehand about the payment process.
How to File & Get a Restraining Order in the USA
Now that you know how much does a restraining order costs money, in which category you fall under. Are you facing any harassment or mental abuse, or are you facing stalking, threats, and domestic violence? Don’t worry. Follow the process of how to get a restraining order and prove your claim.
(Note: Filing a restraining order varies from city to city. However, it is the generic process of a restraining order that most places follow.)
Fill out the Forms
You can fill out the petition form online or at your local courthouse. In the form, you need to explain against whom and why you are seeking a restraining order. Also, you need to provide the necessary evidence to support your petition.
Provide Necessary Evidence
Remember, evidence is the key point in getting a restraining order. So, you must gather this necessary evidence with cleverness while filing for a restriction order.
- Your personal testimony with the details of harassment, threats, and other abuse. Provide the exact date of the incident. Use the exact words the abuser used, like calling names. Describe the situations like “He hit me the very moment he entered the home”. Also, explain how the incident affected you in life.
- A witness’s testimony. It is not always possible to have someone present in times of abuse. However, it is very strong evidence. So, if you have one who witnessed your pain in person, collect their testimony as well.
- Medical reports regarding the violence to prove how the abuser affected you physically and mentally.
- A police report through which you can prove the abuser’s history of harassment and violence.
- Your injury photos and videos. Provide them as evidence to strengthen your claim.
- Screenshots of threatening messages, emails, recorded phone calls, and others. These will show abusers’ real-time behaviour as proof.
Petition Review & Temporary Restraining Order
The judge will review your petition. It usually takes a few hours or 2-3 days to get a restraining order. Also, if it takes time and your case is life-threatening, the judge issues a temporary restraining order to ensure your protection. Local law enforcement sends the temporary restraining order to the defendant, ensuring they stay away from you. Then the judge reviews your case and gives their judgment in the scheduled court hearing.
The Result Day
On the court hearing day, both the victim and defendant get an opportunity to speak from their end. Share their side of the story. Both parties can fight their cases alone, or the petitioner can hire Colbert Law Center, a professional domestic violence expert at an affordable price, to represent them. In the trial, the judge listens and provides the decisions.
What will happen if the Defendant Breaches the Order
Breaching a restraining order is a criminal offence. The defendant may get up to 5 years imprisonment + an unlimited fine. However, you need to check whether the defendant breached the old order or committed a new offence. It will show not only that the abuser disregarded the court’s order but also that the abuser is getting more aggressive. As a result, the defendant will be charged with both the old restraining order and the new offence, ensuring that they get a proper punishment.
Concluding With
Was our “How Much Does a Restraining Order Cost” article helpful? If yes, use this article’s information to reduce your restraining order cost and live a happy and safe life.
If you need a professional domestic violence and restraining order lawyer, contact our Maryland Law Firm now. We have been helping domestic violence victims for over 17 years, ensuring they get justice and live a safe life. Contact us via this number 301 576-6200 now and get a free consultation session. You can also visit us in our office- 3060 Mitchellville Rd, Suite 218, Bowie, MD 20716, United States. That’s it for today. Hope your abuser gets restrained and you can live in peace. Adios!
FAQ
1. What is the most common restraining order?
A Civil Harassment Restraining Order is the most common restraining order. This restraining order is applicable to people who have no intimate relationship, such as neighbours, colleagues, and strangers.
2. Do I need an attorney for a restraining order?
Hiring an attorney to fight your case is the best choice. They are professional and have been dealing with these types of cases for years. They can help you find more evidence you may not have noticed, get you a restraining order with zero cost, and 100% guarantee your protection.
3. How long do I need to wait to get a restraining order?
It takes around a few hours or 2-3 days. However, if the judge sees any life threats, they issue a temporary restraining order to keep you safe.
4. How long does the defendant get a restriction order?
Defendant gets up to 5 years of a restraining order, and if the restraining order is temporary, it is 10-20 days.