Help!! what do i need to get a restraining order?

Question

okay my brother was staying with me for a little while and he has some mental problems. he NOT on the lease. he stopped taking his meds and went crazy and tried to stab me. my friend was here and we held him down until the police got here and took him away. we have him recorded threatening my life and saying how he will lie to the cops and make them think hes okay so they will let him out so he can come stab me. now hes in a mental hospitol but hes getting out in 72 hours. what can i do? how do i get a restraining order? please help i really am scared for my life even though hes my brother. he has tried to stab me before.

Answer 1

Call your local non-emergency police line and get guidance from them.  Don't waste another second.

That's the best place to start.  Go!!  Now!!!

Reading the answers you get to your question could steal away valuable seconds...

Good Luck!!  Be strong!

Answer 2

Just go to your city police dpt...... they will take care of it...

Answer 3

You really need specific help under your state's laws. The police can usually give you an idea of what to do. You might indeed need a restraining order. If they charged him with an assault on you, you may be able to get a protective order, which is often far more powerful. Got to get on it now. It might take a couple of weeks, and he may have rights to live there. It may not matter who is on the lease if he's lived there a while. It may be a matter of eviction. The restraining order or protective order trumps that, though.  

Answer 4

Here are some questions you might have and the answers:

What is a restraining order?

A restraining order is an order made by a court to protect a person from physical pain or injury or the threat of pain or injury. It can generally be issued against a family member (for example, husband, ex-husband, father of your child) or a household member (anyone with whom you live or used to live) or against someone you have recently dated. You do not have to be married to the person to get a restraining order. However, you must know where the person lives or works. A list of the people against whom restraining orders can be issued is on the restraining order form.

What can a restraining order do?

A restraining order tells the person who may be hurting you to stop hitting, threatening, or harming you in any way. It can also order the person (see note below) to stay away from you, to move out of your home, or to stop coming to your home. It can also give you temporary custody of your children, though it cannot be used only for this purpose. The person can be arrested if he/she threatens or physically hurts you, or contacts you or comes near you when the restraining order says he/she is not allowed to do so.

Please Note:  Throughout this pamphlet we will use the word "partner" to indicate the person who may be hurting you. In this pamphlet, the word "partner" can mean your current or former spouse, boyfriend, or girlfriend; a relative; the father of your child; the person with whom you now or used to live; or someone you have recently dated.

Do I need an attorney to get a restraining order?

No. You can get a restraining order by yourself--an attorney is not essential. However, we recommend you contact an attorney to make sure your legal rights are protected. Also, the domestic violence programs (see below) may be able to answer some of your questions or help you fill out the necessary court forms.

If I am in danger today, how will a restraining order help me?

If you swear to the court that you are in immediate physical danger, the court may give you an ex parte restraining order. An ex parte restraining order is a temporary, emergency order that is made when only the requesting party (called an applicant or petitioner) is present to talk to the judge. If the judge agrees you are in immediate physical danger, the ex parte order will be granted and a hearing scheduled within 14 days. This means the restraining order is in effect the day it is signed. Your partner can be arrested if he/she disobeys the order after being served the court order by a marshal. If you are in the middle of a divorce, the court may want to hear from the other side before granting a restraining order.

Is there a cost to get a restraining order?

There is no cost to file your application for a restraining order.   And, the state pays for a marshal to serve (give the papers) to your partner in all cases.

How do I apply for a restraining order?

You ask the court to issue a restraining order by following these steps. Note: If you file the restraining order, you are the applicant (or petitioner) and your partner is the respondent (or defendant).

Step 1:  Complete the proper forms.

Forms are available from the clerk of the Superior Court, domestic violence programs, legal services offices and on the State Judicial Branch web site (http://www.jud.ct.gov.) The forms must be signed in front of the court clerk or a notary public.

    * Application For Relief From Abuse JD-FM-137

    * Affidavit - Relief From Abuse JD-FM-138

    * If you are also seeking temporary custody of your children, fill out an Affidavit Concerning Children  JD-FM-164

    * If you are worried about disclosing your new address, fill out a Request for Nondisclosure of Location Information JD-FM-188.

Note: The police and your partner will receive a copy of your application and statement (affidavit).

Step 2.  Give the completed forms to the court clerk.

The court clerk will then take the papers to a judge who will decide whether you should get an ex parte restraining order.

Sometimes the judge may want to ask you questions about the abuse before making a decision. This questioning will usually happen on the same day that you ask for the restraining order.

The judge may decide that there is not enough evidence to show that you are in immediate danger, and, therefore, will not sign an ex parte restraining order. However, you may still be able to get a restraining order after a hearing when your partner has been notified of the hearing date or is present at the hearing. The process is the same as for an ex parte restraining order except that you will not have any restraining order between the time you ask a judge for a restraining order and the day of the hearing (which is held within 14 days). (See steps 3-6 below.)  If you believe that you are still in danger, you may want to talk to a lawyer or to your local domestic violence program.

What should I do once I get the restraining order from the court?

Step 3.  Make note of the hearing date, get copies of the order and keep a copy with you at all times.

After the judge signs the order, the clerk will set a hearing date for some time within 14 days. Then, the clerk will give you two certified copies that show the order was officially granted by the court.

Keep a certified copy on you at all times so you can show it to the police if you need help.  The court sends copies to the police departments in the towns where you live, where you work, and where the other person lives.

Step 4.  Have the papers served on your partner.

Quickly arrange to have a marshal notify your partner of the ex parte order (if any) and of the upcoming hearing. The marshal must serve these papers to your partner at least 5 days before the hearing date.

You can get a list of marshals from the court clerk, court service center, or from the Judicial web site.  Choose a marshal from the town in which your partner lives or works.  Then call the marshal to arrange for the papers to be served. Give the marshal the original and one copy of the papers and a description or photo of your partner.

If the judge has also ordered that your partner be removed from your home, you may want the marshal to help you. If the marshal will not help, contact your local police to help you.

If the marshal cannot find your partner, your restraining order may end on the court date and you may need to fill out new forms and start over. However, you should still go to court on the day of the hearing and explain to the judge that the marshal could not find your partner. The judge may give you more time to have the papers served so that you do not have to do it all over again.

Step 5.  Make a copy of the marshal's "return of service".

After the marshal serves the papers, he/she will give you back the original papers with the "return of service" which tells the court when and where the papers were served. Make a copy of the return of service and bring the papers with you to the court hearing.

What happens on the hearing date?

Step 6.  Attend the hearing.

Get to the court at least 15 minutes early so you can ask the clerk what the procedure is in that courthouse.  Many judges require both parties meet with a Family Services Officer before they can have a hearing. A Family Services Officer works for the court and will try to help you reach an agreement.  Ask the clerk whether you should first report to Family Services or to go to the courtroom.

If you and the other person come to an agreement about extending the restraining order, write the agreement down. Both you and the other party must sign the agreement and then present it to the judge. If you do not come to an agreement, you will have a hearing before the judge.

Step 7.  Presenting your case.

When it is time to present your case to the judge, go to the courtroom. When you hear your name, stand up and say, "Ready." Go to the front of the courtroom and stand behind one of the tables. Give the judge any written agreement to extend the order. Also, give the judge the original court papers if the marshal did not file them with the court. Both you and your partner will have a chance to tell your side of the story.

The judge will decide whether to grant or extend the restraining order. If the judge does not grant the restraining order, try to find out why. There may be an error in your papers that you can correct. If you believe that you are still in danger, you may want to call your local domestic violence program for help.

What can I do if my partner disobeys the restraining order?

You may call the police if your partner disobeys the order. Tell the police you have a restraining order that is being disobeyed and you want the person arrested.  Show the officer the restraining order and write down the names of the officers you talk to. If you are working with an attorney or domestic violence program, let them know what has happened.

How long will the restraining order last?

If the judge extends the order, it can last for 180 days. If you believe you will still be in danger at the end of 180 days, you should apply to the court for another extension a month before the six months is up.

Connecticut Services for Abused Women

These programs provide emergency shelter, 24-hour hotline, crisis intervention, and information and referral services.   24 HOUR HOTLINE:  [phone].

Ansonia:  

The Umbrella Project  

Hotline [phone]    

Office [phone] New Britain:

Prudence Crandall Center for Women    

Hotline [phone]  

Office [phone]

Bridgeport:

The Center for Women & Families of Eastern Fairfield County, Inc.  

Hotline [phone]  

Office [phone] New Haven:

Domestic Violence Serv.of Greater NH    

Hotline [phone]  

Answer 5

what good would a restraining order do you?

I mean, it's illegal to try and stab someone.  if he is willing to break that law, do you really think he will be unwilling to violate a restraining order.

72 hours is just enough time to get your background check done and own your very own handgun

Answer 6

You already have a report with your local police agency so, you need to contact your States Attorney and they will issue the order.

Answer 7

make a police report first..they will assist you if you also want to press charges..and also you can file for a restraining order in family court..have all your documentations in order in what has been happening..based on what you state here you may be able to get a restraining order

Answer 8

First, he can't sign himself out if he's a threat to himself or others.  You need to go to the court house and file a section 35--have him committed-against his will.  He won't be able to sign himself out if he plays the game and acts normal.  The judge will have a court psychiatrist evaluate him and make the decision.  Since he's already in, they have to treat him.  Since he tried to stab you, I would assume he was also arrested and charged.  He'll go to jail or stay in a mental health facility.  You can file for a protective order.  Just bring the police report with you and the recorded message and anything else you have as evidence that he is threatening to harm you.

Go to your local court house and see the clerk of courts.  They will help you file for the restraining order.  You will go in front of the judge and won't have a problem getting it.  He'll have 10 days and he'll have to go to court.  If he's locked up, he'll be a no show and you'll get about a year on the order.

Try to get in touch with the mental facility he's at and let them know his diagnosis and recent medications he's taken.

Answer 9

Jessi is right. Talk to the police or your local courthouse and ask where to get one.  You can get one in a day and have it served on him at the hospital. Take the recording with you or have the police come to your house and listen to it. Make sure you get the police report numbers to validate your needs.  Then carry the "Order For Protection" with you.  You will need to have a copy to show the police if you call them.  The original will be on file with the court.

The good it will do you is that if he violates it he goes back into custody.

If you buy a gun, you may end up shooting your brother.... or he takes it from you and then he has a gun.....

Answer 10

Go too  your local courthouse in the city and state that you live in.

There should be a office in the courthouse called a  PFA office. If you don't feel safe going by your self take a close friend or a close family member. The PFA clerk would type everything that you say why you need a pfa. If you need a safe place too stay that your brother wouldn't find you. If you can't find a shelter that will help you out call this number. [phone] between the hours of 8:30am to 4:30pm. If it's after business hours call the crises  number [phone]. If it's during business hours press #1 on your phone when you dial that number.I would also keep the recorded tape that you have on him that he threatened your life in a safe place that no one would know where it's at but you.

Answer 11

i kind of agree with the gun dude

but to anwser your question just go to police with the witness and recording of threats and ask them for a restraing order

Answer 12

i think hes going to come anyway and not going to respect your restraining order sorry but that is what i think

Answer 13

A handgun is a good idea, but you have to be 21 to get a concealed carry permit. If you're under 21 (but over 18) a shotgun is a good idea for personal defense any way, you can get a good 12 gauge pump for only 400 dollars or so.

Any way, like the others said go to your local police department and I'm sure they'll help you out. Just stress your concern for your personal safety and they'll help you one way or another.