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National > Abuse of Older Adults > Restraining Orders:

How do I get a restraining order?

A restraining order is granted by the civil courts and can only be requested during normal court hours. When you apply for a restraining order, you are called the "applicant" and the person against whom the order is being sought is called the "respondent".

In order to obtain a restraining order, you must make an application to a judge. If you are on a low income, you may be able to apply for Legal Aid for legal assistance in getting a restraining order. If you are in an emergency situation and require a restraining order very quickly, be sure to tell the staff at the Legal Aid office.

In a non-emergency situation, notice of the application for a restraining order must be given to the respondent. That person can then choose to attend the application and speak about the order being granted from his or her perspective.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

January 2006
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