Can I File a TRO for Someone Else?
Your sister has been in an abusive relationship for a few years now. There have been many nights where you sit on the phone, consoling her hysterical tears. She finally decides enough is enough and escapes the situation. But she’s afraid her ex will come after her. You tell her to get a restraining order but she’s afraid it won’t work. You’re fed up and afraid for her safety. Can you do something? Can you file the TRO for her?
This is a common situation many family members of domestic violence victims have. They want to help but feel frustrated or powerless to stop the abuse. They may try to persuade the victim to get out of the situation but may meet with disappointment.
Process of Filing a Restraining Order
Filing a restraining order isn’t an intimidating process. All you need to do is fill out the required paperwork (obtained at your local courthouse), have the court order served to the alleged abuser, then attend a court hearing to present proof that a restraining order is necessary. Once the judge makes his/her decision, the TRO will be carried out or dismissed.
Sounds confusing? The best thing to do is to get an experienced attorney to help you with the paperwork and guide you through the process.
How Can I Get My Loved One to File the TRO?
Unfortunately, unless under certain circumstances, you are unable to file a TRO for someone else. For example, if your sister was mentally or physically disabled, you can act as a representative in her place for the hearing.
Although you can’t file the order on behalf of your sister, there are ways to help her. Here are a few things you can try:
- Legal Protection: A restraining order will legally protect you from your abuser. If the abuser attempts to contact you in any way, you can have him/her arrested. This will make your sister feel safer.
- Peace of Mind: Not only is your loved one legally protected but so is any family member. That means any children from the relationship will be protected under the TRO. This will make your sister feel better.
- Quality of Life: With the fear and threat of abuse no longer over your sister’s head, her quality of life will drastically improve.
Being Abused? We Can Help
If you or a loved one is a victim of domestic violence and you need legal assistance in getting a restraining order, let us help. Contact the Law Offices of Anthony Carbone today for a free consultation.