Asked in Criminal Law and Personal Injury

Q: I have been assaulted police say there is no evidence to pursue the matter.i would like the police to help me with order

Restraining order...they say it is not in there duty to do this is this true plz help thanks

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1 Lawyer Answer
Ben Bingham

A: The inquiry does not indicate which State you reside or where the incident took place. Given the lack of information, I am hopeful the following general information will point you in the right direction. Typically you would need to file a Motion for a Protective Order with the court. You can do this ex parte where the assailant will not have the opportunity to respond. If granted, you may have a time frame upon which you are protected and then the court will set a status (usually 30-60 days out) to see if the TPO needs to be extended for 6 months to a year. In order to have the Motion granted, the party seeking the TPO usually must demonstrate to the court that the other party physically assaulted them previously (pictures of the injuries) or that they have made threats of physical harm. Finally, you may want to look online as there are usually self-help forms available online for each jurisdiction. Hope this helps!

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