https://www.findlaw.com/legalblogs/law-and-life/what-proof-do-you-need-to-get-a-restraining-order/
Restraining orders exist to keep people safe. They can provide a level of security if you’re afraid someone may hurt you. But before a court restricts your abuser’s freedom, it will require you to prove the allegations of your careful and thorough petition with evidence.
If you need a restraining order, you’ve come to the right place. If you haven’t already, read our blog on the basics of restraining orders, which discusses what restraining orders are and the process for getting one. Here, we discuss in more detail what you need to prove and the evidence you’ll need to gather in order to win your case.
What Do You Need to Show to Get a Restraining Order?
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show:
A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner)
The threat of further abusive behavior or harassment
In some states, you must also establish that:
You are in a qualifying relationship with your respondent (e.g., current or former intimate partner, etc.)
You are reasonably in fear of imminent physical violence.
When preparing your petition, you need to be careful. You need to allege specific facts. For example, instead of alleging that “he abused me repeatedly,” you should state, “on such and such date, at such and such a place, in front of so and so witnesses, he struck me across the face and threatened to kill me.” Something with that level of detail.
You also need to be comprehensive. If you don’t include a specific allegation in your petition, a court likely won’t consider it at your order hearing.
This may sound complicated, but it’s not that bad. Most courts have a form you can fill out.
What? It was intended as a serious proposal by its' original authors? How droll indeed.
A restraining order is an absolutely worthless piece of paper which offers no protection against criminal predators.