CdwJava
Senior Member
Actually, testimony is evidence. And to get one the plaintiff needs to articulate those facts that put them in fear for their safety. It is then up to a court to determine whether those articulated facts are sufficient to support an initial, temporary warrant, and later at a court hearing to justify a longer more permanent order (all depending on the specific process in a particular state).Restraining orders are kinda funny in that there doesnt need to be any supporting evidence to get one.
So, yes, there must be evidence - it just need not be physical evidence processed by CSI ... and, FYI, the vast majority of crimes are prosecuted without any such processed evidence.
Some courts are easier than others. Of course, it helps of the defendant actually responds to the allegations ... very often, they do not and thus the order gets granted.You can make up any old thing off the top of your head and bammo you are granted a R.O.. IIRC I read a r.o. for a friend and it was granted because he used "hurtful words" towards his gf.