When a person feels that he or she is being harassed by another person, the option to file a harassment restraining order may be available. The definition of harassment, as well as the procedure to file for a restraining order, will vary by jurisdiction, but in most cases, a restraining order is a civil order, and therefore a petition must be filed in a civil court to grant the order. The respondent will be notified of the petition and given an opportunity to respond. If the judge is convinced that it is warranted, then he or she will grant the order.
There are a number of different types of orders that a court can issue preventing contact by a respondent, including a protective order, a no contact order, or a restraining order. A protective order is the term frequently used to apply to a domestic violence situation when a victim requests protection from an abuser. As a rule, a no contact order is the term used in a criminal case when the defendant is ordered to have "no contact" with the alleged victim in the case. A restraining order is more general in nature and may apply to all other situations where a petitioner requests that the court restrain the respondent from having contact with him or her.
In order for a petitioner to convince a judge to issue a harassment restraining order, he or she will need to allege and prove facts that would constitute harassment. Jurisdictions vary in their definition of harassment, but it commonly includes a pattern of behavior by the respondent that is intentional in nature and intended to scare or bother the petitioner. Although stalking is often included in this definition, a respondent may also be found to harass a victim by telephone, by e-mail, or even over Internet social networking or blogging sites. A petitioner who feels he or she needs a restraining order should first research the definition of harassment in the jurisdiction where the order is requested to ascertain whether the respondent's conduct meets the legal definition.
The petitioner must then file a motion with the court asking for the issuance of a harassment restraining order. The petition must allege specific facts that would allow the judge to conclude that the respondent has, indeed, been harassing the petitioner and that an order is justified. The court will then notify the respondent that the petition has been filed and provide him or her with a copy. A hearing will be set at which time the petitioner must convince the court that the facts in the petition are true, and that a restraining order is needed to protect the petitioner from further acts of harassment. If the court is convinced, then it will order the respondent to refrain from continued harassment and may order the respondent to refrain from any contact at all with the petitioner.