KIERSTEN HATHCOCK
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​Blog Posts

Part 2 - What to expect when you file for a restraining order

11/20/2017

2 Comments

 
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I wrote a bit about the emotional rollercoaster I experienced while filing for and being granted a restraining order but I wanted to share a little more in hopes it will help the countless women I know in this position.  I had no idea what to expect because I didn’t have any experience with the court system.  I hope what I share below is helpful! 
 
Here are SIX THINGS I wish I’d known or I feel are important to know from the get-go….
 
Do you need a lawyer to file for an order of protection? What does it cost to file? 
No lawyer is needed, however; I did consult with law enforcement and one lawyer. It doesn’t cost anything monetarily to file.  The forms were easily found online by looking up the Justice Court in our/your area.
 
What kind of proof do you need to show?  (This is my experience in Arizona https://www.allenlawaz.com/order-of-protection-arizona/.)
 
In order to obtain an order of protection, the plaintiff must present the following to the court:
  • Their personal information such as an address, phone number, employers contact information, the defendant’s name, address, phone number, and the like
  • Evidence sufficient to support the contention that the plaintiff harassed, assaulted, or performed an act amounting to domestic violence. Evidence can come in the form of medical records, police reports, and doctor’s appointments
  • What they don’t tell you is the evidence must be current, i.e., within the last year of the date you’re filing the petition for the restraining order.
  • Once the petition has been heard, a judicial officer reviews the petition and the plaintiff provides a sworn testimony.
  • The defendant does not need to be present during this initial process if the judge believes that the evidence is sufficient.

What is like in the court room?  Do you have meet with a judge in chambers?
You will meet with the judge and a court reporter in a closed courtroom.  You will be sworn in, etc, and it will take at least thirty minutes, from my experience.  I wrote more about my experience in this blog; however, I will say I came to court armed with physical proof in the form of print outs of harassing emails to myself and co-workers, screenshots of online harassment at my place of work,  and a police report from a domestic violence call.

What were some key points made by the judge?
The judge, in my case reiterated, that while this order is in place and protects me legally, that it truly does not protect me from domestic violence, if he chooses to come after me.  He urged me to be aware at all times. What it DOES do is it makes it illegal for him to contact me in any way, shape, or form.
 
If the defendant lives out of state (which mine does), you have to pay a process server to serve him the order of protection before it was considered active.  It’s not cheap. I paid roughly $500 and that was a steal. If the defendant dodges the serving (does not answer the door, etc), then you might have to pay extra for the server to do surveillance to serve him when he is out and about. This is exactly what happened to me. 
 
What if the defendant doesn’t read the order? 
It is still active no matter if he reads it or not as long as he is served.  According to the process server (who writes up an affidavit with photos of the defendant when he serves him), he must touch the envelope.  In my case—and in the case of many others who are dealing with not-so-ethical folks—they will deny their identity.  In my case, he threw the unopened envelope on the ground and denied his identity before driving off.  He also denied his identity when Flagstaff PD called to make sure he knew the order was in effect.  
 
*Side note:  The cop I was working with here in Flagstaff told me immediately that with these types of DV (Domestic Violence) cases, most of the time, the defendant will try to get around the system by sending some kind of message to the plaintiff.  And sure enough, he did.  He sent messages via fake Facebook profiles. I was able to trace the profiles back to him and provided the cops with the information. 
 
If the defendant violates the no-contact order of protection, then a warrant for his arrest is issued. 

Resources:  https://www.allenlawaz.com/order-of-protection-arizona/


Part 1 - Protect & Serve (Restraining Order)
Part 3 - What happens after you file a restraining order
2 Comments
Amy R
11/22/2017 11:32:48 am

Hi Kiersten
Amy here again. A big thanks from all of us that can use the help and guidance. I'm confused about an out of state restraining order. Were you afraid he would come back and harm you or your family or was it more to stop his harassment on line. it must have gotten bad for you to take this kind of action. Also has it stopped him completely or are you still getting harassed? Hope you and your family have a blessed Holiday.
Your on line friend
Amy R.

Reply
Kiersten
4/7/2021 07:51:46 am

Amy, I am so sorry I’m just now seeing your comment! For some reason, I didn’t see it back in 2017. I hope you’re in a good place now. If you still need info on the restraining order process, please send me an email to Kiersten(at)modmomfurniture.com. ❤️

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  • Home
  • About
    • My Story
    • Press Kit
    • Writer
    • TEDx Talk
    • Professional Speaker
  • Books
    • Little Voices: A Memoir
    • Audiobook Freebie
    • Book Club Visits
  • Blog
  • News
  • Events
    • How to Land a Book Deal Download
    • Deb Levine
  • NILJ
  • Resources
    • Nate's Story
    • Trusted Specialists
    • Links
    • Resources by Topic >
      • Surviving + Healing From Abuse
      • Intuition + Spirit
      • Help for Highly Intuitive Kids
      • Help for those filing restraining orders
      • Marriage + Parenting
Contact