Can you provide links showing anyone can easily get a restraining order?That’s not what I’m saying. If he was shooting at people and did all those things he was accused of, he should have to be tried and convicted of the crimes he committed, which are felonies, which would result in losing his right to posses a fire arm.
But! I don’t think one should lose their right to possess a fire arm merely because someone put a restraining order out against them. Anyone can do that. Anyone can make an allegation against you and put a restraining order out on you without going to court and having to prove you are guilty of a crime.
That’s not true. You’re overreacting.
Your appeals to emotion are irrelevant to the facts of the argument.
What I find is that a judge grants the application for a temporary order and sets a court date for a hearing where evidence will be heard.
- Complete the forms, describing the abusive or harassing behavior in as much detail as possible. In the forms, the victim is usually referred to as the petitioner, plaintiff, or applicant, and the abuser is called the respondent or defendant.
- Take your forms, your ID, and identifying information about the person you seek protection from (the respondent) to your local courthouse (or the courthouse in your city that has been designated as the place where such matters are heard). You may need to sign certain forms in front of the court clerk.
- The court clerk takes your forms and information to a judge, who decides if a temporary or ex parte restraining order is needed until a hearing on your application.
- The court will set a date for the hearing for the permanent restraining order.
- You'll need to give the respondent notice of the hearing, by arranging for service of process on the respondent, including the location, date, and time of the hearing. (Check to see if the police department or a court process server will serve the respondent at no cost to you.)
- At the hearing, you'll provide evidence of the abuse or harassment, and substantiate your need for protection. The respondent can also present evidence to contest the allegations.
- The judge will decide whether to issue the permanent restraining order, usually that same day.
How to Get a Restraining Order
Getting a restraining order is a multi-step process requiring you to go to court, and once you get one, it can be enforced with a simple phone call to the police.
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