- 1). Go to the courthouse in the county where you live. Go to the court clerk's office, and ask for the forms to file for a domestic violence protection order. In some states, these are also available online; check your local sheriff, court, Department of Justice or Attorney General's websites. On these forms, you will need to give information about yourself, your son and where he can be contacted. You will also need to describe the abuse in detail. You may request that the restraining order's protection extend to other members of your family, such as your spouse or children.
The types of abuse that qualify for a domestic violence restraining order vary by state. In most states, any type of physical violence or assault would qualify you. In others, you are also eligible if you have been harassed, stalked, threatened or been made fearful.
Once you complete the forms, give them to the clerk, who will file them with a judge. - 2). Appear before the judge at an ex parte hearing. At this hearing, you will have the opportunity to present your case without your son being present. The judge will ask you to briefly state your case and may issue a temporary restraining order to protect you until the court can hold a full hearing. You should request that your son be forced to vacate your home if you feel unsafe. The judge will then set a date for that hearing.
- 3). Wait for your son to be served with the temporary restraining order and notice of hearing. You cannot do this yourself; in most states, local law enforcement will do it for you for free, or you can hire a professional process server. You should not approach him during this time, as in most states the restraining order is not enforceable until it has been served.
- 4). Appear at the full hearing and present your case to the judge. Your son will also be present, unless he decides not to contest the restraining order. Explain to the judge your circumstances, and present any evidence you may have to support your allegations. Evidence can include witness testimony, police or medical records, photographs of damaged property or injuries, and a diary of abuse and violence.
Once the judge hears both sides of the story, he will rule on whether to grant the restraining order. - 5). If the restraining order is granted, do not try to contact your son in any way. Once a restraining order is issued, you do not have the authority to allow him to do anything forbidden in it; only a written court order can modify or dismiss a restraining order. If you wish to do so, that paperwork should be filed with the court clerk. Even if you give your son permission to do something forbidden in the restraining order--such as contacting you or entering your home--he may be arrested.