Does a person need to have evidence of harassment to file a restraining order?
- Thread starter zoxeez
- Start date
Sweetheart
Well-Known Member
I don't know if this person is still here or not. Every state may be different on this. Generally they will take the information and start the process. You begin it with the courthouse for the area that it occurs in. The person will be notified. I think you have to figure out how to serve them with the papers or the court does it. There will be a hearing in front of a judge and they will decide if it will be put in place. If you don't have any immediate proof. You should begin collecting as much as you possibly can that will prove this. It will become your word against theirs if you do not have anything. Usually I would say it is best to get as much as you can before you file. Some will go back to their best behavior when this begins to happen. Answering your question, no you don't need evidence to file or start the restraining order. You can file it and wait to serve it until you get what you need for court.
Thanks for this information Sweetheart, I had been wondering the same thing myself. I assume that evidence such as records of ER visits would be suitable for this purpose - sometimes these can take a while to obtain so it is reassuring to know that you can set the wheels in motion whilst you are waiting.
ThatGuyWithTheHat
Active Member
I've always wondered, in situations like this, how some people are expected to show evidence. It's not like your average person walks around recording everything they do.
Or maybe they do, and I'm just not jiggy with it!
Or maybe they do, and I'm just not jiggy with it!
musicmonster
Active Member
Yes, you will need a form of evidence for the complain. Otherwise, that could be deemed irrelevant. You can show text messages or any form that you are being followed and that you fear for you life being near that person.