Who Can File a Restraining Order against Whom

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There are several reasons to file a restraining order. If you are the victim of abuse, usually physical in nature, or are concerned you’re being stalked or harassed, you may be able to file a restraining order against the individual who threatens you. There are a few stipulations. Read on to find out the limitations in filing a domestic restraining order.

Age

A person must be at least 12 years old to file a restraining order. In the case of a child under the age of 12, the parents may file on their behalf.

Relationship

In order to file a domestic restraining order, you must have a close relationship with the person you are filing the restraining order against. For example, a roommate could not file a civil restraining order against a roommate; but, if the roommates were dating, one could file against the other.

Other close relationships include marriage, siblings, spouses, parent/child, and even in-laws. It is not possible for you to get a domestic restraining order against a celebrity, your boss, or your coworker.

Police Involvement

You do not have to involve the police in order to get a restraining order. You can go to the district attorney’s office and file for a restraining order or talk to your divorce lawyer. If the police were involved in a domestic dispute or abuse case, they may file an Emergency Protective Order that will protect you from the abuser for 2 days and allow you time to file for a restraining order.

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