Q. How do I get a restraining order?

Answer

A restraining order is defined in the CourtHelp Glossary as: A court order that tells a person to stop doing something for a certain amount of time, usually until a court hearing is held.  See injunction.

Restraining orders should not be confused with Order of Protection (OP): A court order telling one person to stop certain conduct, like harassment, against the other. The order may also tell the person to stay away from the other person, his or her home, school, work and children.  Usually the person who starts the case (complainant) asks for the order and the other person (defendant) must do what the order says.

A restraining order is not the same as a  Restraining Notice (CPLR 5222).

There are no standard forms for a restraining order because each situation is unique and must be pled citing applicable law. Legal research is required.

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  • Last Updated Sep 30, 2021
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