how to file a restraining order need a lawyer

Contact a lawyer Lawyers often give free consultations and break down the process of how to file a restraining order. While you likely won't need a lawyer to fill out the order form for the initial restraining order, they can be a good advocate for you and give you legal advice throughout the process.

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What are valid reasons for a restraining order?

You also have the right to be represented by an attorney, although in restraining order proceedings, you are not entitled to free counsel or a court-appointed attorney. You should never ignore a restraining order request. Instead, you should get information about your rights and options, consult with a lawyer, and participate in the court process.

What proof is needed for a restraining order?

Lawyers often give free consultations and break down the process of how to file a restraining order. While you likely won't need a lawyer to fill out the order form for the initial restraining order, they can be a good advocate for you and give you legal advice throughout the process. Lawyers are often best to have once you receive a temporary restraining order and must then face the …

What are grounds for a restraining order?

Apr 01, 2022 · Has someone filed a restraining order against you? If you need to be defended against a restraining order, you need to hire a hardworking Boston criminal defense lawyer right away to prove your side of the story in court and minimize your penalties as best as possible.. You should certainly consider hiring a lawyer if someone has filed a restraining order against you.

Who can get a restraining order?

Sep 09, 2014 · Most states provide a form or instructions on how to file a response, but you may also want to consider enlisting the help of an attorney. Consider filing your own restraining order. If you are feeling threatened by the person who filed the TRO against you, you can request your own TRO against that person by going to court.

What is law regarding Filing Restraining Orders?

Restraining orders are court orders that prevent an alleged abuser from further harming or harassing a victim. A person can file a restraining order if he or she has been physically injured, abused, threatened, sexually abused, or made to feel that he or she is in danger.

Restraining Order Lawyers

If you are the victim of domestic violence, abuse, or threats, a family law attorney can help you file a restraining order against your abuser or harasser. Filing a restraining order can ensure you stop living in fear and intimidation. It will protect you, your home, and your loved ones.

Lawyer Referral Service

Contact Attorney Search Network right away if you need help filing a restraining order. You do not need to live in fear or harm's way of an abuser or harasser. We can refer you to a lawyer that will help you file a restraining order so that you get the protection and justice you deserve.

What happens if you violate a restraining order in Los Angeles?

Most importantly, a violation of a restraining order is a crime, punishable by jail time!

What is a domestic violence restraining order?

Domestic Violence Restraining Orders are designed to protect persons that have been involved in abusive dating, marriage or cohabitation relationships. They are available when there has been actual or threatened physical violence, harmful conduct or serious harassment. The party asking for a domestic violence restraining order need only prove their case by a so-called "preponderance of the evidence", i.e. a 51% to 49% standard.

Can family members use restraining orders?

Family members will often misuse restraining orders to punish others for making decisions against their wishes. If a family member has made a restraining order against you, you have two options. Your first option, you could abide by the restraining order, which means you will have to miss family get-togethers and you won’t be able to communicate with the person protected by the order.

How to fill out a restraining order?

If you have to fill out the order, follow these steps: 1. Fill out the Civil Harassment Restraining Order After Hearing (CLETS - CHO) ( Form CH -130 ), which will become your “permanent” restraining order. Make sure your Form CH-130 says what the judge has ordered.

How to file a restraining order in California?

In general, you have to follow these steps: 1. Take your forms to the court clerk. The clerk will let you know what to do next.

What does the clerk do in court?

The clerk will let you know what to do next. In some courts, the clerk will give all your forms to the judge. In other courts, you may have to go to the courtroom directly. Either way, the judge will read your papers (maybe speak to you) and make a decision on whether or not to make the orders you are asking for.

What to do if you can't afford court fees?

If you cannot afford the fees, you can ask for a fee waiver. Click here to find out how to ask for a fee waiver. If you do not speak English well, ask the clerk for an interpreter for your hearing date. If a court interpreter is not available, bring someone to interpret for you.

What is the term for the person who delivers the paperwork to the other side?

"Serving" means that the other side must get copies of any paper you file with the court. In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side. The person who does this is called the “server” or “process server.”

Can you extend a temporary restraining order?

If the restrained person wasn't served, you can ask the judge to extend the temporary restraining order until a new court date to give you more time to serve your papers . Read How to Ask for a New Hearing Date ( Form CH-115-INFO) to find out more details.

What are the requirements for a restraining order?

A restraining order prohibits the defendant from certain contact with the victim. It may limit contact to telephone, text messaging, and/or email, or it could prohibit contact of any kind. In addition, the court has the right to prevent the defendant from the following: 1 Using the joint residence, if applicable 2 Owning or carrying a firearm 3 Committing any offenses as defined under the domestic violence statute ( Title 13-3601 (A)) 4 Taking possession of or staying in contact with any animals in the primary residence (i.e., the family dog stays with the petitioner) 5 Setting a limit on the distance a defendant must keep between him or herself and another person or place

What is a restraining order in Arizona?

What’s the purpose of an Arizona restraining order? A restraining order is also known as an order of protection when it relates to a family member or domestic partner, and injunction against harassment, when the parties are unrelated, or generally as a protective order.

What is a domestic violence offense?

Committing any offenses as defined under the domestic violence statute ( Title 13-3601 (A)) Taking possession of or staying in contact with any animals in the primary residence (i.e., the family dog stays with the petitioner)

What happens after filing a petition?

They may ask you questions about specific incidents in the petition. This part of the process can be emotionally difficult. If possible, bringing someone to support you in court can be crucial.