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Ellen, Lawyer
Category: Criminal Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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How do I get a restraining order against my spouse He has

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How do I get a restraining order against my spouse? He has a bad temper and has guns.


Thank you for your question. I am happy to assist you.

You can obtain a temporary restraining order (TRO) based upon your belief that you are in physical danger. A husband that has a bad temper and guns is a very dangerous situation.

A TRO will remove your husband from the property, order him not to contact or go near you but will not cause him to be arrested unless he violates the order.

You will need to go to the local courthouse to obtain the TRO. The clerk will give you the forms and assist you. The judge will immediately sign the TRO if the forms on their face appear that you are in reasonable fear of harm.

The filing fee for the TRO may be waived based on need.

The police should serve your husband promptly after the judge signs the orders. Upon service the police will accompany him to retrieve his personal belongings and take possession of his guns. He will be removed from the house and not permitted to return while the TRO is in effect.

There will be a hearing at a later date to determine whether the TRO should be extended.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,

Ellen and 6 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you very much for your quick response. I do have another question, however. He has two sisters that live across from us. They are in possession of some of his guns too. Would the police remove those guns also, or do they have to have an order to do so?

You will need to clearly state the location of the guns on the TRO application. Clearly state that you are concerned that the police locate all the guns.

Best wishes.