how much should i pay for a lawyer to defend a restraining order

by Demetrius Langosh 6 min read

After the initial visit, expect to pay $90-$500 per hour for an attorney's time. Expect to pay for a minimum of five-10 hours of time when hiring an attorney for a restraining order hearing, which will cover both preparation and time in the courtroom. Five-10 hours of an attorney time can cost $450-$5,000.

How much does it cost to hire a restraining order lawyer?

Lawyers are not required for a restraining order hearing, but if children are involved or if the restraining order might be disputed, consulting a lawyer is recommended. Initial consultations with a lawyer are typically free or low-cost ($25-$50.) After the initial visit, expect to pay $90-$500 per hour for an attorney's time. Expect to pay for a minimum of five-10 hours of time when …

Who pays the lawyer’s fees in a domestic violence restraining order?

Nov 17, 2014 · 9 reviews. Avvo Rating: 7.9. Domestic Violence Lawyer in San Diego, CA. Reveal number. tel: (619) 236-9700. Call. Posted on Nov 20, 2014. Call some quality, locally experienced, defense attorney and ask them. The best attorney for your case may not always be the most/least expensive one out there.

Do I need an attorney to fight a restraining order?

In the United States, the cost to get a restraining order will range from $100 to $400 depending on which state you live in. Initial consultations with lawyers may be priced at $25 to $50. There are situations, usually cases of stalking or domestic violence, wherein filing fees are actually waived. Lawyers usually charge $100 to $500 per hour for general services.

What happens if the protected person gets a restraining order?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-13_09-33-18. Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order. Most restraining orders are issued in connection with domestic ...

Benjamin Peter Theule

You will likely be hard pressed to find an attorney here who will quote you a fee price without first knowing significantly more about your case.

David Philip Shapiro

Call some quality, locally experienced, defense attorney and ask them. The best attorney for your case may not always be the most/least expensive one out there.

Richard Forrest Gould-Saltman

It'll depend how long the hearing is and complicated the allegations are. DVPA hearings can run anywhere from ten minutes to several days.

Arnold William Gross

Contact a San Diego lawyer who handles DVRO cases. It depends on the lawyer, whether it is charged as a flat fee or hourly, and other factors. Most will provide a free consultation.

How much does it cost to get a restraining order?

In the United States, the cost to get a restraining order will range from $100 to $400 depending on which state you live in. Initial consultations with lawyers may be priced at $25 to $50. There are situations, usually cases of stalking or domestic violence, wherein filing fees are actually waived. Lawyers usually charge $100 to $500 per hour ...

What is a restraining order?

A restraining order, also known as a protective order or order of protection, is an order from the court intended to protect an individual. Usually, this court order will prohibit an abuser from approaching or contacting the abused/harassed specified individual. If the conditions of this order will not be met, legal consequences are applicable ...

Why are restraining orders imposed?

There are many reasons as to why restraining orders are imposed. It is important to point out that all of these reasons involve the issue of abuse or harassment. The more common reasons are the ones listed and discussed below. Domestic Violence – This type of violence involves violence or aggression in one’s own home.

How long does a temporary restraining order last?

However, if the abuser does not appear in court, the temporary restraining order will continue to be effective until such time the abuser is brought to court.

Can a minor file for a protective order?

Any person who was a victim or is currently experiencing either physical or emotional violence/harassment may file a restraining order against the specific individual who is responsible for the violence/harassment. Whether you are a minor, an adult or an elderly, you may be able to file for a protective order.

Is violence against a roommate considered domestic violence?

Moreover, in some U.S. states, violence against a roommate is also considered under domestic violence. Work Place Harassment – This involves physical harassment and/or emotional harassment experienced by workers in their own workplaces. Usually, subordinates are the ones who tend to experience this type of harassment.

What happens if a petitioner asks for a restraining order?

If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.)

What is a restraining order?

Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order. Most restraining orders are issued in connection with domestic violence or conflict in intimate or family relationships, ...

What happens if you violate a temporary restraining order?

If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order. If you and the petitioner have children together, the temporary restraining order may tell you not ...

What is a temporary restraining order?

A temporary restraining order in a domestic violence situation can restrict contact with the petitioner, as well as child visitation. A hearing for a permanent order usually follows soon. It's essential to obey the temporary order and obtain legal counsel

What happens if a petitioner accuses you of texting?

If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.

How long does it take to get a permanent order?

These hearings, to which the respondent receives notice, are usually set quickly, so you may have only a week or ten days to make decisions and prepare for the hearing.

Can you be charged with a crime for violating a restraining order?

Once a restraining order is entered, you can be charged with a crime if the protected party accuses you of violating the order. If a permanent order is issued, you will be prohibited from possessing a firearm while the order is in effect, and the order will show up on background checks.

What happens if a person does not get a restraining order?

If the person asking for the restraining order does not get the order, the judge may order the protected person to pay the other side’s lawyer’s fees.

What happens if a protected person cannot afford to pay a lawyer's fees?

If the protected person cannot afford to pay the lawyer’s fees, the judge must order the other side to pay the protected person’s lawyer’s fees and costs if it is appropriate after looking at both parties’ incomes, needs and their abilities to pay for the lawyer’s fees.

Can a court order one side to pay the lawyer's fees?

Under the law ( Family Code section 6344 ), a court may order one side to pay the lawyer’s fees of the other in a domestic violence restraining order case .

What type of attorney should I hire for a restraining order?

Depending on your case, you may want a specific type of lawyer. If your restraining order is coming from a family case, you may want to hire a family attorney. Restraining orders are common in divorce and custody cases, if your situation revolves around these issues, a family attorney might be more helpful because they will be able to help with the other aspects of your case. If the restraining order is from a domestic violence or other type of criminal case, a criminal attorney would be more appropriate.

What do I need to fight a restraining order?

You have been served with a restraining order. Now what? If you want to fight the order, you will probably need an attorney. Depending on your circumstances, such as if children are involved, you may want a specific type of attorney, such as one who practices family law.

Why is a restraining order important?

Significance. Having a restraining order issued against you basically gives you a criminal record. Also the person or place that has the order against you can use it make your life difficult. Often people that want the protection use the restraining order to harass the other person.

What is a restraining order?

A restraining order is a tool used by the court to keep people away from certain places or certain people. It is most often issued when a person feels in danger or threatened by another. Restraining orders are also used by companies to keep a person away that has committed a crime on their premises.

What happens if you don't fight a police order?

If you don't fight it, then that person will have the ability to call the police if there is any violation of the order. This can be a huge concern when children might be involved.

Is it better to settle things out of court or go to court?

If there is a possibility of working something out without the courts involvement, it might be in your best interest to do so. Settling things out of court is always more advantageous than wasting the time and expensive of going to court.