When speaking in court to request a restraining order, your primary goal is to clearly and specifically communicate to the judge what has happened and what protections you are seeking.
You should state directly to the court that you would like a restraining order and articulate precisely what you would like the court to order. Be as specific as possible in your requests.
Key Things to Say and Focus On
When presenting your case, consider the following:
1. Clearly State Your Request for an Injunction
Begin by explicitly stating that you are asking the court for a restraining order, also known as an injunction.
- Example: "I am asking the court to grant me a _____ month/year injunction." (Fill in the blank with the duration you deem necessary, for example, "a one-year injunction" or "a two-year injunction.")
2. Specify the Types of Contact and Locations to be Prohibited
Detail all the ways you want the restrained person to be prohibited from contacting you. Think broadly about all possible avenues of contact.
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Example: "I want no contact in person, at home, by phone, at work, by mail or through third parties."
Expand on these points for maximum clarity:
- No Personal Contact: Specify if this includes physical proximity, such as a "no-go" distance (e.g., "I request that [Respondent's Name] be ordered to stay at least 500 feet away from me at all times").
- No Home Contact: Include your residence and any shared residences.
- No Work Contact: Your workplace, including approaching you there or contacting colleagues to reach you.
- No Phone Contact: This covers calls, voicemails, and text messages.
- No Electronic Contact: Include emails, social media (direct messages, comments, tagging), and any other digital communication platforms.
- No Mail Contact: Physical letters or packages.
- No Third-Party Contact: Emphasize that the restrained person should not use friends, family, or any other individuals to contact you indirectly.
3. Be Specific About Locations and People
If there are specific locations or individuals you need protection for, mention them explicitly.
- Your home address
- Your workplace address
- Your children's school or daycare
- Your place of worship
- Specific family members or others you are concerned about
4. Articulate Why You Need the Order
Explain clearly and concisely the facts that support your request. Focus on recent incidents and patterns of behavior that cause you fear or distress.
- State what happened, when it happened, and how it impacted you and your safety.
- Explain why you are afraid of the respondent and why you believe the restraining order is necessary for your safety and well-being.
5. Consider Additional Orders You May Need
Depending on your situation, a restraining order can include other specific directives. Be prepared to ask for them:
- Temporary Child Custody or Visitation: If children are involved, you might request temporary custody, visitation schedules, or supervised visitation.
- Property Use: You may ask for the exclusive use of a residence or vehicle.
- Firearm Prohibition: Request that the respondent be prohibited from possessing firearms.
- Protection of Pets: If your pets are at risk, you can request their protection.
- Financial Support: In some cases, temporary financial support may be requested.
Table: Key Court Statements for Restraining Order Requests
What to Say | Purpose & Specificity |
---|---|
"I am asking for a restraining order/injunction." | Clearly states your primary request to the court. |
"I request a [duration, e.g., 1-year] injunction." | Specifies the desired length of protection. |
"I want no contact in person, by phone, text, email, or social media." | Covers direct forms of communication. |
"I want no contact at my home, work, or [specific location]." | Defines geographic boundaries for protection. |
"I want no contact through third parties." | Prevents indirect communication attempts. |
"I fear for my safety because..." | Explains the grounds for your request, linking incidents to your fear. |
"I request temporary custody of my children and safe visitation." | If applicable, addresses the safety and well-being of children. |
"I request exclusive use of [residence/vehicle]." | If applicable, addresses living arrangements or access to essential property. |
Important Considerations for Court Testimony
- Be Truthful and Factual: Only present information that is true and accurate. Exaggeration or false statements can harm your case.
- Stay Calm: While emotional, try to remain calm and composed. Speak clearly and audibly.
- Be Concise: Judges appreciate direct and to-the-point answers. Avoid rambling.
- Bring Evidence: If you have supporting evidence such as text messages, emails, photos, police reports, medical records, or a detailed log of incidents, bring it and be prepared to present it. Organize your evidence chronologically.
- Have a Written Statement: It is highly beneficial to have a pre-written statement outlining your requests and the factual basis for them. This can help you stay on track and ensure you don't forget crucial details when you are speaking.
By clearly and specifically articulating your requests and the reasons behind them, you will provide the court with the necessary information to make an informed decision regarding your safety.