Why is it so hard to get a restraining order?
Asked by: Mr. Kurt Williamson III | Last update: January 25, 2026Score: 4.6/5 (69 votes)
If there isn't any current harassment, the judge won't grant the person's request. Unfortunately, courts have to be picky in their screening process because of too many people taking advantage of the court system by getting restraining orders because of personal vendettas.
How hard is it to get a restraining order in the US?
This may sound complicated, but it's not that bad. Most courts have a form you can fill out. That ensures you meet the statutory requirements (e.g., your contact information, the respondent's contact information, the identity of any kids together, etc.) while giving you the chance to tell your story.
How long does a restraining order last in NH?
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
How hard is it to get a no contact order?
To get a no contact order, a person must file a claim with their local court — and often, they will have to go before a judge. When filing a complaint, the petitioner must file in their own jurisdiction or the jurisdiction of the assailant.
How much does it cost to put a restraining order on someone in Florida?
There is no filing fee required for filing a Restraining Order. If service is out of the state of Florida, you will need to contact the sheriff in the county where the other person lives, to find out what their fee is, and what method of payment they will accept.
TRUTH About RESTRAINING ORDERS that will SAVE YOUR LIFE
Is a no contact order worse than a restraining order?
Despite this seemingly less severe initial punishment, no contact orders carry more intense final penalties. If a no contact order is violated, the violator may spend up to six months in jail and may also be required to pay the attorney fees for the other party.
What to say in court for a restraining order?
“I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction. Examples: “I want this injunction because…” “I fear for my child's safety.” “My child's life is in danger, I am afraid he or she will be hurt…”
Can someone get a restraining order without you knowing?
Myth: Once the judge approves the RO, the abuser must stay away immediately. Fact: RO's are NOT in effect until the abuser is notified. An abuser will not know there is a restraining order against them until the police serve them the paperwork. That could happen that same day or might not happen for several days.
Can I sue someone for filing a false restraining order?
The victim of the false claim may file a civil lawsuit seeking damages for harm caused by the false allegations. The defendant may be required to compensate the victim for financial losses, emotional distress, and any other damages incurred as a result of the false order.
Is stalking a felony in NH?
Under NH law, anyone convicted of stalking will face class A misdemeanor charges. If the offender has previously been convicted of a stalking offense in the past 7 years, they will be charged with a class B felony.
How successful are restraining orders?
85% of abuse victims reported life improvement after taking out a restraining order.
How are you notified of a restraining order?
Restraining orders are typically served by the police. Having the police show up at your doorstep is not an experience many wish to have, but it is done in this manner because the court requires verification that you have been served with the restraining order.
What percentage of restraining orders are false?
It can also include the mere threat of violence—if a person is accused of threatening to commit physical abuse or harassment, he or she may be slapped with a restraining order. As such, an estimated 70 percent of all restraining orders are thought to be trivial or false.
What is an example of civil harassment?
In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do NOT have a close relationship with, like a neighbor, a roommate, or a friend (that you have never dated).
What is the punishment for false accusations?
As we've explained above, falsely reporting a crime or making a false statement can either be charged as a misdemeanor or a felony. As such, the punishment could include a jail sentence of up to one year. In the most serious cases, the person making false accusations could face up to seven years in state prison.
What happens if you don't respond to a restraining order?
If the court has allowed service by mail and deems it valid, the proceedings can continue in your absence, potentially resulting in a default judgment against you. Ignoring a restraining order hearing, even if you question the legitimacy of the service, is risky.
What must a restraint order contain?
A time limit must be written into every restraint order and the length of time is based on the age of the patient, the reason for restraint, and hospital policy. A restraint may be applied for no more than 24 hours. Patient behavior must be monitored and documented at least once every hour.
What happens if the petitioner does not show up to a restraining order hearing?
If you miss your court hearing for a temporary restraining order in California, the court may dismiss your request for the order due to your absence. When a petitioner does not show up, the court often interprets this as a lack of interest or necessity in pursuing the restraining order.
Is there an alternative to a restraining order?
The first alternative is a domestic violence no contact order issued by a judge as part of a domestic violence criminal proceeding. If you are a victim of a domestic violence crime (assault, threats, malicious mischief, etc.)
What is the longest a restraining order can last?
After having a court hearing, a judge can grant you a “restraining order after hearing” that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
What proof do you need for a restraining order in California?
Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.
How many people have restraining orders?
A review of these and other restraining order statistics has generated an estimate that two to three million initial restraining orders are issued per year.
Can I get penalized for contacting someone I have a restraining order against?
Violating a restraining order in California is a criminal offense, punishable by fines, imprisonment, or both. The penalties for violating a restraining order are outlined in California Penal Code section 273.6, and they can vary depending on the circumstances of the violation and any prior offenses.
Does a restraining order include defamation?
No. Restraining orders are generally for threats of physical harm, not defamation.
What constitutes harassment in NH?
Any unwelcomed behavior, whether it is verbal or physical, against anyone regardless of race, religion, gender, sexual orientation, or disability, is a direct violation of the Civil Rights Act. In New Hampshire, you are protected from acts of harassment under RSA 354-A:6 and 7.