CJI


Getting a Harassment Restraining Order
(H.R.O.)

  1. A person who is a victim of harassment may seek a restraining order from the court. The person or guardian of a minor who is the victim of harassment may seek a restraining order on behalf of the minor. The restraining order prohibits harassment. A restraining order may be issued against an individual who has engaged in harassment, or against organizations which have sponsored or promoted harassment.

  2. Harassment includes:
    1. Repeated, intrusive, or unwanted acts, words, or gestures that are intended to adversely affect your safety, security, or privacy, regardless of the relationship between you and the alleged harasser;
    2. Targeted residential picketing, which includes:
      1. marching, standing, or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building, and
      2. marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located.
    3. A pattern of attending public events after being notified that one's presence is harassing to another.

  3. Instructions: Fill out the Petitioner's Affidavit and Petition for Restraining Order. Provide as many details as possible.

  4. The court administrator will provide forms and clerical assistance; check with that office if you have questions.

  5. A filing fee may be charged; check with your local court administrator.

  6. The court may issue a temporary restraining order, which is only effective until the hearing. You must attend the hearing to get an order that will be effective for a longer time.

  7. A copy of any order must be served on the respondent (the alleged harasser). Usually service is completed by having an employee of the sheriff's office personally deliver a copy of the papers to respondent. CHECK WITH THE SHERIFF'S OFFICE TO MAKE SURE THE SERVICE IS DONE. If personal service cannot be completed because respondent is avoiding service or you do not know respondent's address, you may come back to the court administrator's office and ask to have service done by one week published notice. IF PERSONAL SERVICE IS NOT COMPLETED AND YOU DO NOT REQUEST PUBLISHED NOTICE, THE ORDER WILL END 14 DAYS AFTER THE JUDGE SIGNS IT.

  8. If you move, it is important that the court knows where you are. Please keep the court administrator informed of your address.

    NOTE: You must attend the hearing if you want the court to issue a restraining order that could be effective for up to two years. Be prepared to present your case to the court. Bring any witnesses and documents to support your case with you.


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