how to find out what kind of lawyer i need to fight a protective order

You don't have to get a lawyer to fight a restraining order; you can represent yourself. But it's typically best to contact an attorney. Look for attorneys who specialize in family law or divorce.

Full Answer

Do I need a lawyer for a protective order against me?

You have the right to have legal representation if a protective order is entered against you. It is important to have someone advocate for your rights and to hold the other party to their burden of proof. Cordell & Cordell has men’s divorce lawyers located throughout the country.

How can I prepare to fight an order of protection?

In order to be prepared to fight the order you need to know exactly what is being said about you. These documents are public record and are available at the court house. Know the law in your state.

What does a protection order protect the applicant from?

They protect the applicant, based solely on her claim that she needs protection, until the court has sufficient time to schedule a hearing at which both parties may present their cases for and against the protection order.

What kind of evidence do you need for a protective order?

Relevant evidence can include witness testimony, police or medical reports, and written communication. You must attempt to demonstrate that the plaintiff is not actually in need of protection from you. Attend the hearing and present your case clearly, accurately, and descriptively to the judge.

How do you get around a protective order?

If you want to get back together, or even just talk to the other person or see them, you can: ask the court to change the order. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order.

How do you fight a protective order in Texas?

If you believe that a protective order was issued against you unfairly, you can argue to have the order dissolved altogether. You will need to file a motion in court, and you will be assigned a court hearing date to present your defense. You can also request to modify the order.

How do I fight a TPO in Georgia?

You may be able to beat a TPO in Georgia if the full TPO hearing is not held within 30 days after the filing of the petition for temporary protective order. The TPO hearing where the petitioner must prove his or her allegations against the respondent must occur within 30 days after the filing of the petition for TPO.

How do you fight a restraining order in California?

Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on their website. Find your local court's website. If your court's self-help center helps people with civil harassment restraining orders, ask them to review your paperwork.

Can a protective order be dropped in Texas?

How to Drop an Emergency Protective Order In Texas. The procedure for dropping or removing a protective order vary from city to city or county to county. Frankly, your greatest chance of success is meeting with a criminal defense attorney handling the assault case.

Are protective orders public record in Texas?

The statewide registry also provides limited public access to protective orders when the protected person has authorized access. This access is subject to strict confidentiality standards to protect victims of family violence, stalking, sexual assault, and human trafficking.

How do I get a no contact order dropped in Georgia?

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim would have to contact the judge's assistant, get a court date and appear in court. The judge hears from the victim first.

What proof do you need for a restraining order in Georgia?

Gather What You'll NeedProof of identity, such as a valid Georgia driver's license.Information about the respondent, such as their full name, date of birth, home address, and contact information.Required forms, such as a petition for a temporary protective order. ... Evidence that is specific and clearly documented.More items...

Are restraining orders public record in Georgia?

This means that the documents filed in a TPO, ex parte or otherwise, will be public record and available for viewing in-person at the clerk's office or online (if the county supports such a web-based record system).

What proof do you need for a restraining order in California?

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

Does a restraining order go on your record in California?

Does A Restraining Order Show Up In A Record Check? Yes, in most situations. Most restraining orders are "CLETS Orders". This means they are entered into the California criminal database, known as CLETS, "California Law Enforcement Telecommunications System", often called a "rap sheet".

What happens at a restraining order hearing in California?

If the party who filed for the restraining order does not attend the hearing, the temporary restraining order will be terminated that day. At the hearing, the judge will hear testimony from both parties and possibly any witnesses.

What happens if you don't fight a restraining 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.

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.

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.

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.

What Should Be in my Protection Order?

Your protection order requires the police, prosecutors and the court to enforce it the same way they would enforce a local order. The below information is not required but it may make it easier to get your court order enforced:

What Does it Mean that a Protection Order Should Be Served to the Abuser?

This means that the abuser was given a copy, usually by the police, of the protection order. The police then give the court proof that the order was served. A notice can also be ok. This essentially means that the abuser knew about the order.

Do I Need a Lawyer?

The legal process in getting a protection order and what to do if you relocate can be confusing and difficult. A criminal lawyer who is experienced in domestic violence law can assist you.

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Appealing an Order of Protection

If you agreed to an order of protection or one has been issued against you, you may be able to appeal. However, you must file for an appeal from the Tennessee General Sessions Court within 10 days of the order. Failure to do so will make the order final.

Key Takeaways Regarding Orders of Protection Matters

If you may be subject to an order of protection, here are a couple of things to keep in mind:

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.

When does a respondent hear about a protection order?

Usually the first time a respondent hears about a protection order against him is when it is served on him by a professional server or law enforcement; the order is not enforceable or effective until he has been properly served.

How long does it take to get a protection order hearing?

Gather evidence and retain a lawyer as you prepare for the hearing, which is typically held anywhere from one week to thirty days following the plaintiff's application for a protection order. This hearing is the respondent's first opportunity to fight the protection order.

What is a restraining order?

Fighting an order of protection (also known as a restraining order) is difficult; as they are protective measures for people who were already victimized, the court takes them very seriously. Once a protection order is issued, the court ultimately has the authority to decide whether it should stay in place. Even if the plaintiff—the person who ...

What is relevant evidence?

Relevant evidence can include witness testimony, police or medical reports, and written communication. You must attempt to demonstrate that the plaintiff is not actually in need of protection from you. Attend the hearing and present your case clearly, accurately, and descriptively to the judge.

Nancy Ann Biediger Lorenzen

The prosecutor should have all the records, including the police report. The judge is going to ask about what happened. All you have to do is tell the truth. If you want to know specifically what kind of things your judge is going to be concerned about, you should speak to the prosecutor who handles these cases and ask.

Cynthia Russell Henley

At least in Harris County, the prosecutors' office handles the hearings on behalf of the complainants - even on the 2 year application. You should call the prosecutor handling the assault case and inquire if they will be handling the application. If you cannot get an answer, call the court with your questions...

Cynthia Russell Henley

At least in Harris County, the prosecutors' office handles the hearings on behalf of the complainants - even on the 2 year application. You should call the prosecutor handling the assault case and inquire if they will be handling the application. If you cannot get an answer, call the court with your questions...

What to do if a petitioner is harassing you?

If the petitioner is alleging that you are harassing her on the phone, get your phone records to show that you have not called her. Put on your game face. When you walk into court, all the judge knows is what the other party has written in their petition.

What to do when accused of doing something while at work?

If you are accused of doing something while you were at work, obtain your timecard to show the judge that you could not have possibly done it .

What happens if you violate a temporary order?

Even if you believe the temporary order was wrongfully entered, it is still an order from the court and violation of it could result in criminal charges and jail time. Violation of an order will also send a message to the judge that the order is needed, because you cannot even behave with it in place.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.