How To Get A Restraining Order In Maryland?

14.11.2022 Irving S. Martin 0 Comments

If you are being abused, threatened, or harassed, you may want to seek out a restraining order against that person. If you live in Maryland, you have two options – a protective order or a peace order. These orders are issued by civil court judges and are in effect for up to six months at a time.

1 Make sure you are safe. Before you begin the steps to apply for a restraining order, make sure you have a safe place where you will not be hurt or threatened by the person you’re trying to restrain.
- If you are a victim of domestic violence, Maryland has several hotlines available that you can call. The state-specific hotline, provided by the Maryland Network Against Domestic Violence, is 1-800-MD-HELPS.
2 Determine what type of order you need. In Maryland, protective orders are available generally for domestic violence situations, while peace orders cover anyone to whom you’re not related.
- If you’re filing the petition for yourself, you want a protective order if you need a restraining order against your current or former spouse, are related to the person by blood, marriage, or adoption, or had a romantic relationship with the person within the past year.
- You also qualify for a protective order if you have a child in common with the person you want restrained.
- Similar requirements for protective orders apply if you are filing on behalf of a minor child, although the relationships are to the child rather than to you.
- If you have none of those relationships with the person you want restrained, or haven’t within the past year, you may qualify for a peace order. The essential difference between a peace order and a protective order is that a protective order may do other things in addition to keeping the person away from you, such as awarding you temporary possession of a shared home or temporary custody of a child.
3 Gather evidence and information. You will need sufficient documentation that the person you want to restrain is harming or threatening you.
- Generally, to get a restraining order in Maryland you must prove that the person committed an act that caused you bodily harm or placed you in fear of imminent bodily harm.
- This includes assault of any degree, false imprisonment, or any sexual offense. If you have police reports of any such acts, these can be used to prove your need for a restraining order.
- If you’re requesting a peace order, you also can use evidence of criminal harassment, criminal trespassing, or malicious destruction of property. If the person has not been charged with one of those crimes, you may need to review Maryland law to determine the legal definition of those acts.
- If the person has physically harmed you, take photos of any visible bruises or injuries. These may fade with time, and you can use the photos for evidence later.
- If anyone saw the acts of abuse or aggression, talk to them and see if they would be willing to appear as a witness and testify on your behalf.
4 Choose the correct court. The court where you’ll file your petition for a restraining order depends on the type of restraining order you seek.
- If you’re seeking a protection order, you can file your petition with either a circuit or District Court clerk.
- If you’re seeking a peace order, you must file your petition with the District Court clerk nearest you.
- A map to locate the nearest District Court is available at http://www.mdcourts.gov/district/directories/courtmap.html, If you plan to file a petition for a protective order in circuit court, you can find the court nearest you at http://www.courts.state.md.us/circuit/,
5 Download the appropriate form. The Maryland courts provide access to fill-in-the-blank forms you can use to apply for a restraining order.
- All forms for either protective orders or peace orders are available at http://www.mdcourts.gov/courtforms,
- Paper copies of these forms can be picked up at any circuit or District Court clerk’s office, or from a District Court commissioner. Circuit courts only have petitions for protective orders available.

1 Complete your petition. Make sure you’ve filled out all portions of the petition truthfully, accurately, and completely.
- Make sure you include every instance of abuse or aggressive or threatening behavior. You also should include any previous or pending court actions between you and the other person, as well as criminal charges, if any, that have been filed against him or her.
- Keep in mind the person you want restrained will receive a copy of your petition. Although the form requires your address, you don’t have to disclose your home address if you are concerned about the other person knowing it. You can provide an alternate address (such as a friend or family member’s address) or instruct the clerk to keep it confidential, and it will not be revealed to the other party.
2 File your petition. There is no charge to file a petition for a restraining order in Maryland.
- Normally you must file your petition during regular business hours. However, if you need to file a petition and courts are closed, such as on weekends, you may get an interim order from a District Court Commissioner. The interim order will remain in effect only until a judge can review your petition and grant a temporary order.
- You can find the nearest District Court Commissioner station by using the map at https://mdcourts.gov/district/directories/commissionermap,
- When you take your petition to file, be ready to appear before a judge. You don’t have to dress up, but you should try to wear clean, conservative attire.
- Bring with you all the documents, photos, or other evidence you collected to support your petition, as you will need to show them to the judge.
3 Appear for your temporary hearing. Provided courts are in session, you will be called to appear before a judge as soon as possible after you file your petition.
- The judge will ask you questions under oath, which you should answer completely and truthfully. Address the judge as “your honor,” and only speak when the judge asks you a question. Don’t interrupt the judge when he or she is talking.
- Keep in mind that since you’re the one asking the judge to do something, you carry the burden of proof. You generally must show that there are reasonable grounds for the judge to issue a restraining order.
- If you received an interim order because courts were closed when you filed your petition, the commissioner’s decision is not binding on the judge who reviews your petition for a temporary order – you still must show the same evidence to the judge that you showed to the commissioner.
4 Receive your temporary order. If the judge finds reasonable grounds, your temporary order will be granted.
- Reasonable grounds means the judge believes the person has committed the acts you alleged in your petition, and that those acts constitute a legally sufficient reason to have the person restrained.
- If you’re applying for a peace order, the judge also must find reasonable grounds to believe that the person will commit similar acts against you again in the future.
5 Have the temporary order served. The temporary order does not go into effect until it is served on the person you want to have restrained.
- If the judge issues a temporary order, he or she will hand it over to law enforcement, who will serve the person you’ve requested be restrained.
- Keep in mind that the order will not go into effect until service is completed, so you want to make sure you’ve provided a good address where the person can be found and served with the papers.
- Temporary orders typically only last for seven days, although a judge can extend them if necessary.

1 Prepare for your final hearing. Organize your documents and outline what you plan to say to the judge at your hearing.
- Typically your hearing will be scheduled within seven days of the date the temporary order was delivered to the person you want restrained – so you may not have a lot of time to get ready for the hearing.
- Get all the documents you showed to the judge when you got your temporary order, together with any other you’ve found since then that relate to your case.
- If you have witnesses you want to talk, try to meet with them before your hearing is scheduled so you can go over the questions you plan to ask as well as think about questions they may be asked on cross-examination.
2 Consider consulting an attorney. Although you don’t need an attorney to get a final order, you may feel more comfortable at your final hearing if you have a legal representative.
- If you are a victim of domestic violence, you may be able to find free legal assistance through a number of different government and nonprofit agencies. If you’re interested, ask the court clerk when you file your petition. You also can call the House of Ruth at 1-888-880-7884.
3 Appear on the date of your hearing. If you don’t appear for your hearing, the judge will dismiss your petition.
- If the person you’re trying to restrain doesn’t appear at the hearing, the judge may grant your petition provided you are able to demonstrate good cause for doing so.
- It is also possible (although probably unlikely) for the person to consent to the restraining order after receiving your temporary order. If he or she consents, the final order will be issued and there won’t be a hearing.
- Keep in mind that the person you want to restrain may be present at the hearing. You will have the protection of the bailiff and other court officers, but you may want to bring along a friend for moral support or if it would make you feel safer.
4 Present your case. Since you filed the petition, you will have the opportunity to tell your story to the judge first.
- The judge who hears your case may not be the same as the judge that issued your temporary order, so make sure you include any details that were in your petition.
- Keep in mind that this is a formal court hearing and the same rules of evidence apply as would in any other civil court case. If you’ve brought documents as exhibits, make sure you have enough copies for the judge and the other party to review as well.
- Speak slowly and clearly, and try to stick to the facts. Don’t speak to or argue with the person you want restrained, and keep your eyes on the judge. The other person may make faces or attempt to antagonize or distract you if you look in his or her direction.
- Keep in mind that the person you want restrained will have the opportunity to cross-examine you as well. He or she may ask you questions that are difficult or make you uncomfortable, but you must trust the judge to maintain order in the courtroom and keep you from harm.
5 Listen to the other side. After you’ve presented your case, the person you want restrained will have the opportunity to respond.
- Avoid interrupting, even if he or she says something that you know to be a lie. You will have an opportunity to cross-examine the person and any witnesses he or she calls to the stand.
- Keep in mind that if the person you want restrained shows up to the hearing, he or she is there to contest your request and try to disprove your case – and has the right to do so. If you have sufficient evidence, the judge probably will rule in your favor.
6 Receive the judge’s decision. Once both sides have presented their cases, the judge will decide whether your temporary order should be made more permanent.
- In most cases, your final protective order will be in effect for one year. You can get it extended for another six months if necessary by asking the judge to renew it when the year is over. You must prove that you remain in fear of imminent bodily harm.
- A final protective order can be granted for as long as two years if you previously had a final protective order against the same person and he or she has committed another act of abuse against you within one year of the expiration of the previous order.
- Peace orders last up to six months and can be extended for an additional six months if good cause is shown at a hearing for which the other party has received legal notice.
- After you’ve received your final order, make copies for security or other officials at your school, place of work, or other places from which the person has been restrained. If the person violates the restraining order, call police immediately.

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Contents

1 How much does it cost to file a restraining order in Maryland?
2 How can you prove harassment?
- - 2.0.1 Can the police issue a restraining order?
- 2.1 Can I get a restraining order on my ex?
3 How long does a no contact order last in Maryland?
- 3.1 What is a peace order in MD?
4 What violates a protective order in Maryland?
5 What is a peace order in MD?
6 What violates a protective order in Maryland?

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How much does it cost to file a restraining order in Maryland?

Is there a filing fee? – Yes. There is a $46 filing fee and a $40 service fee. The Court may waive only the filing fee for indigent petitioners. For more information about filing fee waivers, visit the Maryland Judiciary’s website,

Do you need evidence for a restraining order?

Describe Specific Incidents – When you decide you want to request a restraining order, make a list of all of the threatening or intimidating behaviors you want to stop. Specific examples are important, “He followed me home from work three days a week” will be better proof than “He’s stalking me.” Unfortunately, a suspicion that someone is falling you or making prank calls is often not enough.

Courts will ask how you know, and they’re looking for tangible evidence.
The judge doesn’t know that your former neighbor is creepy or that your ex has violent tendencies.
Any proof you have to show that the person you suspect would threaten you or has in the past could be useful.
Eep in mind that you’re asking the court to restrict someone’s freedom.

Give them a good reason to do it. Related Resources:

Find Criminal Defense Lawyers in Your Area (FindLaw’s Lawyer Directory) State Laws on Protective Orders (FindLaw) What is a Temporary Restraining Order (TRO)? (FindLaw’s Law and Daily Life) Student, 21, Gets Restraining Order Against ‘Stalker’ Parents (FindLaw’s Legally Weird) Dad Gets Restraining Order Against Son’s 4th Grade Bully (FindLaw’s Legally Weird)

Does a restraining order go on your record in Maryland?

Your criminal record carries tremendous weight in this world. It includes a list of any criminal charges or convictions, as well as other court proceedings, and can impact your ability to get a job, as well as change the consequences of future infractions.

How are you issued a restraining order?

What is a restraining order? – A restraining order is a type of court order, released by a judge, to stop someone inflicting harm on another person. These are generally issued at the end of a criminal hearing and often follow cases involving domestic violence, domestic abuse, harassment, stalking or sexual assault.

What constitutes as harassment in Maryland?

Harassment, covered by state code § 3-803, is defined as following another individual in or around a public place, or maliciously engaging in repeated behavior that seriously annoys or alarms another individual : With the intent to annoy, alarm or harass.

What is the difference between a protective order and a peace order in Maryland?

The relationship between the respondent (person alleged to have committed the prohibited act) and the petitioner (person seeking protection) determines the petition to be filed. Protective Orders generally apply to people in domestic relationships. Peace Orders apply to other persons. You cannot qualify for both.

How can you prove harassment?

Proving harassment to secure a conviction – To obtain a conviction for criminal harassment, the prosecution needs to prove beyond all reasonable doubt, three elements:

the defendant has pursued a course of conduct the course of conduct amounted to harassment of another person the defendant knew or ought to have known that the course of conduct amounted to harassment

Harassment is defined as causing alarm or causing distress, and a course of conduct which can include speech must involve conduct on at least 2 occasions. The incidents do not have to involve the same type of behaviour on both occasions.

Can the police issue a restraining order?

Click here for a PDF guide to Harassment and the law What is harassment? What is putting someone in fear of violence? In an emergency The criminal offences of harassment and putting someone in fear of violence Harassment warnings Restraining orders Coercive control Injunctions Non-molestation orders Harassment injunctions The application process Urgent applications for an injunction Serving the injunction Costs What if my injunction is ignored or not followed by my abuser? Claiming compensation for harassment Useful contacts It is a criminal offence in England and Wales for someone to harass you or put you in fear of violence.

This legal guide is designed to give information about the ways in which the law can protect you. What is harassment? The law states that harassment is when a person behaves in a way which is intended to cause you distress or alarm. The behaviour must happen on more than one occasion. It can be the same type of behaviour or different types of behaviour on each occasion.

For example, one text message intended to distress you is not harassment. Two text messages may be harassment. One text message and one phone call may also be harassment. Harassment can include things your abuser has said or done. The incidents could have happened recently or they could have happened months apart.

a text, answer-phone message, letter or email a comment or threat standing outside someone’s house or driving past it an act of violence damage to someone else’s property maliciously and falsely reporting you to the police when you have done nothing wrong

What is putting someone in fear of violence? Putting someone in fear of violence is when someone says or does two or more things that make you fear that violence will be used against you. The law states that a person is guilty of putting you in fear of violence if a reasonable person, who had the same information your abuser had, would think his behaviour would cause you to fear violence.

In an emergency In an emergency you can contact the police for assistance by dialling 999 or text phoning 0800 112 999. The police may be able to attend the scene of the incident to protect you from further abuse and/or to arrest your abuser (see our legal guide Reporting an offence to the police: a guide to criminal investigations ).

For other support and protection see Useful contacts at the end of this guide. If it is not an emergency then you can contact the police by going to your local police station, or calling your local police station by dialling 101. The criminal offences of harassment and putting someone in fear of violence It is a criminal offence for someone to harass you or to put you in fear of violence.

If you experience any of these forms of abuse you can report it to the police. For information on what happens if you report an offence to the police and the criminal justice process see our legal guides Reporting an offence to the police: A guide to criminal investigations and From charge to trial: A guide to criminal proceedings,

If he is found guilty of an offence he can be sentenced to a term in prison or made to pay a fine or both. Harassment warnings Sometimes if the police decide that they are not going take any further legal action against your abuser, they may give him an informal harassment warning.

Harassment warnings are also known as harassment warning notices and police information notices (PINs). This is a warning which tells your abuser about the law in relation to harassment, and that if there are similar reports in the future the police might take action against him. Your abuser may be asked to sign the warning.

This does not mean that he admits to harassing you, it just confirms that he has received the warning. However, if you do report his harassing behaviour to the police again in the future, then the notice can be used to show that he knew that his behaviour is harassment.

Restraining orders If the police charge your abuser and the case goes to the criminal courts then the court may make a restraining order to protect you.
The criminal court can make the restraining order whether or not your abuser is convicted (found guilty).
A restraining order is a court order which prohibits your abuser from doing certain things such as contacting you or attending your place of work or home address.

Breaching (breaking) a restraining order is a criminal offence. The court will make the order if the judge thinks it is justified. Sometimes the Crown Prosecution Service (CPS) will ask the judge to make a restraining order but it will be up to the judge to decide.

You cannot apply to the criminal courts for a restraining order yourself. If you want to make your own application to stop your abuser from doing something then you can apply for an injunction. See Harassment injunctions below. Coercive control If your abuser is someone who you are in an intimate relationship with or is a family member or ex-partner who you live with, they may be guilty of the criminal offence of coercive control.

Someone is guilty of coercive control if they repeatedly or continuously engage in behaviour towards you that is coercive or controlling and they know or ought to know that the behaviour will have a serious effect on you. If you are experiencing coercive control you can report this to the police.

For more information please see our legal guide Coercive control and the law, Injunctions An injunction is a court order which can forbid your abuser from doing certain things such as being physically violent, contacting you directly or indirectly (by making someone else contact you), or going to your home address, place of work or children’s school.

Depending on your relationship with your abuser you can apply for an injunction under the Protection from Harassment Act 1997 or the Family Law Act 1996. If you are associated to your abuser you may prefer to apply to the Family Court for a domestic violence injunction called a non-molestation order.

are or were ever married, engaged or in a civil partnership are or were living together (including as flatmates, partners, relations) are relatives, including: parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation) have a child together or have or had parental responsibility for the same child are or were in an intimate personal relationship of significant duration

For more information see our legal guide Domestic violence injunctions, Harassment injunctions If you are not associated to your abuser, or if you do not want to apply for a non-molestation order, then you can apply for a harassment injunction under the Protection from Harassment Act 1997.

You can apply for an injunction against any person who has harassed or stalked you or put you in fear of violence by deliberately causing you distress on two or more occasions.
This is different from restraining orders which can be made in the criminal courts.
This is an injunction that you apply for yourself in the civil courts, such as a county court.

Examples of injunctions Injunctions can prohibit someone from behaving in a certain way. The orders must be reasonable and relevant to the harassment you have experienced. If you apply for an injunction you will be the claimant and your abuser will be the defendant.

The defendant is forbidden from coming within 200 meters of the home of the claimant The defendant is forbidden from communicating with the claimant directly or indirectly The defendant is forbidden from harassing, intimidating or pestering the claimant

The application process You can make an application for an injunction in the county court or in the High Court, but the county court is usually more appropriate. To apply for an injunction you will need to complete an application form N16A. This form is available from any court or to download from the Ministry of Justice website,

You or your solicitor will also need to prepare an affidavit to support your application.
An affidavit is a statement which you swear (sign in a specific way) in the presence of a qualified lawyer or at court.
The affidavit should give details of your relationship to your abuser, your circumstances, the history of the harassment and the events which led you to make the application.

You should attach to your affidavit any evidence you have of the harassment and the impact it has had on you, for example:

emails, texts, phone records medical records/reports photographs of criminal damage police reports

You should also explain in your affidavit what you want the injunction to stop your abuser from doing. You will need to give the Form N16A, your affidavit and supporting documents to the court and you will need to pay a fee. If you are applying for financial compensation (also called damages) from your abuser you should also give the court a completed Form N1 (see Claiming compensation for harassment, below).

These documents will also go to your abuser. If you want to keep your address confidential, do not include them on the application forms or the affidavit. You can ask the court for permission to give your address to the court without showing it to your abuser, in a separate document from the rest of the court papers.

You will have to attend at least one and possibly more court hearings. If you are considering making an application for an injunction, you can call Rights of Women’s legal advice lines. Urgent applications for an injunction If you need an injunction urgently and you fear your abuser will cause you harm if he knows you are going to court, you can make your application without notice to him.

This means that the court can consider your application without your abuser knowing or being present.
The court will have to be persuaded that there are good reasons to make the order without him being there.
You will need to explain your reasons in your affidavit.
If you apply for and are granted an injunction without notice to your abuser then the court is likely to organise another hearing to give him an opportunity to explain his side of the story.

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You will have to attend this hearing and you may have to give evidence (answer questions in court). The court will consider all the evidence and decide whether the order should be continued or extended. Serving the injunction You or your solicitor will be responsible for serving the documents on your abuser.

This means giving your abuser a copy of the injunction, your affidavit and all of the documents that you submitted to the court.
You can use a process server or the court bailiff to serve the documents on your abuser.
A process server is a person whose job it is to serve documents on people and they will charge a fee.

If you cannot afford a process server, then you can ask someone else to serve the documents and that person will need to complete a certificate of service (Form N215) and send it to the court. You should not serve the documents yourself. Your abuser must know there is an injunction in place to be responsible for breaching any part of it.

You are only protected once he is aware of the injunction. You should also send a copy of the injunction to your local police station. Costs Legal aid is available for this application but you may experience difficulties finding a solicitor to take on your case. Contact our advice line or the Legal Aid Agency for help finding a solicitor.

You will need to pay a fee to make an application in the county court. If you cannot afford the application fee and you do not have legal aid then you can ask the court to waive the fee by completing a form EX160. If your application for an injunction or financial compensation is successful, the judge may order the defendant (your abuser) to pay your legal fees.

However, if your application is unsuccessful, the judge may order that you pay your own fees and also the legal costs of the defendant.
You can use a solicitor or lawyer to assist you with your application for an injunction.
If you cannot afford to pay for a lawyer you may be eligible for legal aid.
See Useful contacts for information on finding a solicitor.

What if my injunction is ignored or not followed by my abuser? If your abuser breaches (breaks) the injunction you have two options. You can report the breach to the police and the police may arrest your abuser and pass the matter to the Crown Prosecution Service to be dealt with in the criminal court.

Alternatively, you can make an application to return to the county court where the injunction was made to enforce it.
Enforcing the injunction means asking the court to take further action.
If you want further information on this option the contact a lawyer or Rights of Women’s legal advice lines.
If your abuser is found guilty of breaching the injunction then he may be sent to prison for up to 5 years or fined, or both.

Claiming compensation for harassment If you have been harassed or put in fear of violence, you may be able to claim financial compensation (also called damages) from your abuser, by making an application to the county court. You can do this at the same time as applying for an injunction, or separately.

Your application for compensation should be made on a Form N1. You can get a Form N1 from your local county court or from the Ministry of Justice website, The Form N1 will ask you to set out your particulars of claim. This means explaining what is your relationship to your abuser, the history of harassment and the events leading up to you making the application.

You will also need to set out how much money you are seeking. This can include money you lost as a result of your abuser’s behaviour, for example damage to your property, loss of earnings, medical costs and legal costs as well as compensation for the anxiety and distress you have experienced.

The court cannot make your abuser pay money that he does not have, so it is worth considering your abuser’s financial position. You should attach to your application any evidence you have of the harassment and its impact on you, for example medical reports and invoices. The law is complex and may have changed since this guide was produced.

This guide is designed to provide general information only for the law in England and Wales. You should seek up-to-date, independent legal advice. Rights of Women does not accept responsibility for any reliance placed on the legal information contained in this guide.

Can I get a restraining order on my ex?

What Types of Restraining Orders are Available? – Receiving a restraining order can help protect you and your children from a violent former spouse. You can impose a stay away or no-contact order on your former spouse, retain temporary custody over your children, limit visitation rights, and require him or her to move out of a shared home.

Courts give out temporary restraining orders before they hold a formal hearing for a permanent one. Typically, these restraining orders only last a few weeks prior to a hearing; however, you can usually obtain one without waiting for a long time or before notifying your former spouse. Permanent restraining orders occur after a hearing where you and your former spouse present your cases in front of the court. These orders are often long-term and the length will depend on the circumstances of your case. You may also receive an exclusive possession order. This order is also known as a “kick-out” order, which requires your former spouse to move out of your shared home as soon as possible. As a result, you receive exclusive possession of the home. If you need immediate support, a police officer can issue an emergency protective order while responding to a domestic violence call. Usually, these orders last for five business days, which give you enough time to speak to an attorney who can help you file for a permanent restraining order.

Emotions can run high during a divorce, and it is important to protect your and your family’s safety. If you are in immediate danger and need emergency protection from your former spouse, contact your local law enforcement office as soon as possible. If you need assistance filing a restraining order or need further guidance as to whether you should file one, contact a San Jose family attorney to assist you with your case.

How long does a no contact order last in Maryland?

What happens after I file my petition with the court or commissioner? – If you filed your petition with a commissioner when court is closed, you will have an immediate interim hearing where you will explain the events and behaviors that you believe were abusive.

If the commissioner finds that your relationship qualifies and the abuse occurred, they will issue an interim protective order which lasts about two days. Your papers will include a date and time for a temporary hearing in court. At this hearing, you explain what happened to a judge. If you filed your petition during court hours with a clerk of the court, this will be your first immediate hearing.

If a judge determines your relationship qualifies and abuse occurred, they will issue a temporary order which lasts for seven days, unless the court extends it. Keep in contact with the court as it schedules your final hearing, Both individuals may be at this formal hearing and offer testimony and evidence.

What is a peace order in MD?

What is a peace order? – It’s a court order that requires another person to stay away and refrain from contacting you. Find Help,

What violates a protective order in Maryland?

Consequences of Violating an Order – If the person commits the crime against a person, that is a violation of the order. There are times that a phone call counts as contact and can be a violation of an order. However, other times, there could be an assault.

That is a new crime as well as violating a Maryland protective order. If that is the case, the person is not just facing the charge of violating a protective order but also facing the charge of whatever the crime may be. They can be exposed to significantly more incarceration if that is the case. Also, if a judge finds that a person has violated the order, the person could be put on probation or incarcerated.

Violating the order or committing the crime can serve as aggravating factors, depending on the crime itself. If the crime is minimal, such as a theft under $100, it only carries a maximum of 90 days’ incarceration for the person who stole from the person that has a protective order.

How do you stop someone from harassing you?

Taking someone to court for harassment – You can take someone to civil court if:

they’ve harassed you more than once – this includes stalking the harassment made you feel distressed or alarmed

The court can order the person harassing you to stay away from you – this is called getting an ‘injunction’. The court can also award you compensation. If the person keeps harassing you after you get an injunction, they’ve broken the law – this means they could go to prison. You can go to civil court even if:

you haven’t reported it to the police you reported it to the police, but the the CPS decided not to prosecute the person who harassed you the CPS prosecuted the person who harassed you and the court decided they weren’t guilty

If you’re thinking of applying to court, you should get legal advice. Check how to find free or affordable legal help,

Is a protection order free?

The first step in getting a protection order is for you to complete a form known as Form 2: Application for a Protection Order,

Where should I go? Do I have to apply for myself? Can someone else apply on my behalf? What information do I need? What will happen after completing the application form? When will the interim protection order be granted? What happens once the interim order is granted? What happens if the interim order is not granted? What happens on the return date? Under what conditions will a final protection order be granted? Under what conditions will the protection order be set aside (not granted)? Under what conditions will the case go to trial instead? What happens once a final protection order is granted?

Where should I go ? Form 2 is available at police stations, the courts, and the Justice and Constitutional Development website, although police may send you to the courts for help with filling out the form. The police should also give you Form 1, which is a document explaining your rights.

If you’re hurt or need a different place to stay because of the abuse, the police must help you to get medical treatment and help you with finding a place of safety.
It’s also within your rights to request a police escort when collecting personal property.
Any court that covers the area in which you live or work, or in which your abuser lives or works, or which covers the area in which any incidents of abuse took place can grant you a protection order.

Ordinarily, you should go to the courts during the court hours (weekdays from 8am – 4pm). After-hours applications will normally be taken only if you can show you will suffer undue hardship if the matter is not dealt with immediately. Some courts have a room set aside to deal with domestic violence cases.

Volunteers are sometimes available to help you with filling out Form 2, and the clerk of the court may also be able to help.
The clerk will also give you Form 3, which explains how the protection order works and warns you against lying when you complete Form 2, as this is a criminal offence.
Form 3 is available at the court.

Please remember if you go to a court house or justice service point, you must – (a) at all times wear a cloth face mask or a home-made item that covers the nose and mouth or another appropriate item to cover the nose and mouth, and (b) observe the social distancing requirement of 1,5 metres in any queue or seating arrangement and must adhere to any demarcations at such court room, court house or justice service point.

Do I have to apply myself ? Can someone else apply on my behalf? Yes, someone else can make the application on behalf of you.
All they need is your written permission to do so.
If you’re a minor (under 18 years of age), mentally impaired, unconscious, or unable to give permission for any other reason, someone else can apply for you without your permission.

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Minors under the age of 18 years old may also apply for a protection order without the assistance of parents, guardian, or anyone else. If you’re applying for a protection order on behalf of a minor, there must be material interest in the wellbeing of the minor.

This means a minor’s parents, guardian, sibling, family member, social worker or teacher can apply for a protection order on behalf of a minor.
What information do I need ? Form 2 is made up of 9 sections.
Part 1: The applicant This is information about the applicant, also called the complainant.
If you’re applying for a protection order for yourself, you’re the applicant unless you are applying for someone else, in which case this is information about the person on whose behalf you are applying – the person who is the victim of abuse.

You’ll need to give the applicant’s ID number, home and work address, telephone numbers, job, and relationship of the victim (for example, wife, friend, or relative) to the abuser (the respondent). Part 2: If you’re not the applicant You don’t need to complete this section if you’re applying for yourself.

However, if you’re applying on someone else’s behalf, this is information about you.
This includes your ID number, home and work address, job, relationship to that person (for example, friend, counsellor, or relative), reason for making the application, and whether you have permission from the person for whom you’re applying.

Part 3: The respondent Information about the abuser (the respondent) including their ID number, home and work address, telephone numbers and job should be provided. Residential and work addresses in particular are very important. If you don’t know the addresses then you should give any information about where they can be found, such as public places or friends they might visit often.

This is so the Sheriff or police can find them.
Part 4: Others affected Details of anyone else also affected by the domestic violence, how they’re affected and whether any of them are disabled.
Part 5: Statement of abuses An affidavit (statement) detailing the acts of domestic violence by the abuser, including whether weapons or firearms were used, what injuries you had and whether you needed medical treatment.

Part 6: Any information on how urgent the application is For example, it may be urgent if you have reason to fear the abuser may act violently again – maybe they’ve obtained a weapon or recently threatened you or something has happened that you know will provoke them.

Part 7: What conditions you need in the protection order These conditions should match up with the types of abuse you’ve noted. For example, if you’ve described economic abuse, you should ask that a condition of the protection order be that your abuser not abuse you economically. The form has a list of conditions and you need only tick the correct boxes.

Don’t tick all of them as some contradict each other, so decide carefully what protection you need. Part 8: Any additional conditions You can also ask for conditions that are not on the first list. Some of these are listed and you need only tick the correct boxes and fill in details.

There’s also a block to fill in for any other conditions that may not be listed.
Part 9: Personal property A list of property that you consider to be personal.
This is important if you have asked for assistance from the police in collecting your personal property.
What will happen after completing the application form ? Once Form 2 has been completed, it has to be certified.

This means that you have to make an oath in front of a commissioner of oaths saying that you know and understand everything you’ve written. This means you don’t object to taking a sworn oath and that you consider the oath to be binding on your conscience.

This can be done at a police station, at the courts by a Justice of the Peace, or by a magistrate.
Once Form 2 has been completed and certified, you need to take it to the clerk of the court, who will fill out another form called Form 4: Interim Protection Order and set a return date (the date on which your final protection order will be considered) for the case.

The clerk will hand both Form 2 and Form 4 to the magistrate, who may sign the forms granting an interim protection order. When will the interim protection order be granted ? In some courts, the magistrate might meet with you briefly before granting the order to ask any questions they might have about your request for immediate protection.

At some courts, you may have to return a day or two later to find out whether the interim order has been granted, while in other courts the forms can be signed the same day; generally, this depends on how busy the court is and how urgent your application is.
What happens once the interim order is granted ? Once the interim order has been granted you’ll be given a copy and it will also be “served on” (handed to) your abuser by the police, (very important because some police officers are requesting the complainant to deliver the issued protection order to the respondent) or if you can afford Sheriff’s charges, by the Sheriff (in South Africa the Sheriff is an officer of the court responsible for serving documents that need to be served in civil cases).

The interim protection order doesn’t come into effect until it has been served. Serving of the interim order by the police is free. Whoever serves the order must give the clerk of the court a “return of service” document to confirm that they have served the interim order and state when they served it.

Once the clerk has received the return of service, they must ensure that a certified copy of the interim order, as well as a warrant for the arrest of the abuser (Form 8) is served on (given to) you.
This warrant only comes into effect if your abuser breaks the conditions of the interim protection order.

What happens if the interim order is not granted ? In some cases, the magistrate may decide not to grant an interim protection order. Instead, a notice (Form 5) will be served on your abuser, which will also have a return date. It will warn your abuser to appear in court on that day and give reasons why a protection order should not be made against him.

In this case, no warrant of arrest is issued.
What happens on the return date ? On the return date, your final protection order can be granted.
This is a permanent order and will remain in force until an application for setting it aside is granted by a magistrate.
On the return day, your case will be considered in the magistrate’s chambers (office), not in open court.

No one except officers of the court and people directly involved in the matter may be present. However, you may bring along up to 3 people to support you. You or the respondent can have lawyers representing you at any stage of these proceedings. No one is allowed to publish or reveal the identity of any party in these proceedings.

Your physical address may also not be revealed in any documents and proceedings related to the protection order if you ask for that on Form 2 (unless it’s necessary for describing the conditions of the protection order). Under what conditions will a final protection order be granted ? If your abuser doesn’t oppose the order, or if your abuser isn’t present but there’s proof the interim order or notice was served on your abuser, or if neither of you are present but there’s proof the interim order was served, then it’s likely the final protection order will be granted.

Under what conditions will the protection order be set aside (not granted)? If neither of you appear, and there’s no proof of service, then it’s likely the interim order will be set aside. If only you appear but there is no proof of service, then it’s likely the interim order will be extended to another return date.

If only you appear or both of you appear and request that the interim order be set aside, then it will be set aside. Under what conditions will the case go to trial instead ? If your abuser is present and contests the granting of a final protection order, the case will go to trial. This means the magistrate will hear all the evidence given by you or any other witness and make a decision.

At trial, the magistrate can direct that any cross-examination of you or any other witness by the abuser (where a lawyer isn’t doing the questioning for him) be done by putting the question to the court and then having it relayed to you by the magistrate, so that the abuser doesn’t question you directly.

You should ask for that if you think you will feel intimidated under cross-examination.
What happens once a final protection order is granted ? A warrant of arrest is issued immediately on the granting of the final protection order, but it’s suspended as long as your abuser does not break the conditions of the protection order.

You must make sure you take the warrant of arrest with you. Having the warrant means that, should your abuser break any of those conditions, all you need to do is complete a sworn affidavit (Form 10 ) stating how the conditions of the protection order have been broken and hand your affidavit together with the warrant of arrest to the police.

The police must arrest your abuser immediately if it appears you might suffer harm.
If it doesn’t appear you might suffer harm, then the police may instead give your abuser a notice to appear in court on a criminal charge of breaching the protection order.
If you use up the warrant (it can only be used once and becomes “executed and cancelled”) and you need a second one, or the first warrant is lost or destroyed, you can apply for another one ( Form 9 ).

If your abuser is found guilty of breaking the conditions of a protection order in a criminal case, he can be fined or sentenced to prison for not more than 5 years.