Harassment restraining orders are appropriate when another person threatens, attempts or does strike, shove, kick or otherwise subjects you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose. These types of restraining orders are commonly requested by victims of stalking. To begin the process of requesting a harassment restraining order, the person seeking the order (petitioner) is required to file a petition for a temporary restraining order and motion for injunction hearing. The petition includes the parties’ basic information as well as a statement of the facts providing the basis for why a harassment restraining order is being sought.
After the Court receives the petition, it will issue a temporary restraining order if the alleged conduct of the person whom a restraining order is being sought (respondent) meets the statutory definition of harassment. A temporary restraining order requires respondent to stop harassing the petitioner, avoid the petitioner and any place occupied by the petitioner and to not contact the petitioner. Regardless of whether a temporary restraining order is granted, the Court will schedule an injunction hearing to determine whether a harassment injunction is appropriate. An injunction is the same as the temporary restraining order except that it can be in place for up to four years, whereas a temporary restraining order is in place only until the date of the injunction hearing.
At the injunction hearing, the petitioner is required to provide testimony and evidence as to why a harassment injunction is appropriate. The respondent may also provide testimony and evidence if he or she wishes to contest the motion for injunction. Based on the testimony and evidence, the Court will decide whether there are reasonable grounds to believe that the respondent engaged in harassment with intent to harass or intimidate the petitioner. If such grounds exist, the Court will grant the injunction. The determination of whether an injunction will be granted is very often fact specific. If you have questions regarding a harassment restraining order, please contact the attorneys at Anderson O’Brien, Bertz, Skrenes and Golla, LLP.