what kind of a lawyer for a protective order

Full Answer

Do I need a lawyer for a protective order?

You don’t have to have an attorney if someone files a protection order against you, but much like any other situation, I always feel like it’s important to have an attorney, because there are legal issues to deal with.

How to obtain a protective order?

These items are helpful:

• Copies of divorce and/or custody agreements
• Names & addresses of your child(ren)’s school
• CPS caseworker and/or case number

How to file a protective order?

The parents of 12 children with disabilities have filed for a temporary restraining order and preliminary injunction to advance their Feb. 1 lawsuit. The suit asks the court to immediately ...

What do you need to know about protective orders?

You can apply for a protection order if:

• You reasonably believe that you are the victim of a crime involving stalking or harassment,
• You reasonably believe that you are the victim of sexual assault,
• You are the agent of a business where the crime of harassment in the workplace has occurred, or

More items...

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 I fight a protective order in Indiana?

To fight a false restraining order and false accusations of stalking, harassment, or domestic abuse, you must appear in court. Your lawyer will file your appearance and prepare you for the hearing, which may be unpleasant.

How do I fight an order of protection in Arizona?

To challenge the order, the defendant must file a request for hearing with the court. If the order prohibits the defendant from entering his or her home, the motion will be heard within five (5) days; otherwise, it will be heard within ten (10) days.

How do I get an order of protection dismissed in NY?

Dismissing An Order Of Protection Against Someone Else If you have requested an Order of Protection against another person and now want it to be dismissed for whatever reason, you may be able to achieve this simply by stating your disinterest in continuing with the Order of Protection to the judge.

What type of proof do I need to support a restraining order?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

Are protective orders public record in Indiana?

If the alleged victim claimed any violations of the protective order, then there might also be records of a related criminal case. The Indiana Protective Order Registry is publicly searchable, making your protective order records available to anyone with access to the Internet.

How long does an Order of Protection last in Arizona?

one yearAn order of protection lasts for one year after it is served on the abuser. (This is true even if the order is modified (changed) during that one-year period.)

Does an Order of Protection show up on a background check AZ?

Orders of Protection do show up on background checks. Once an Order of Protection has been granted, it is on your record. Anyone can find it, even if it gets dismissed.

How long do you have to appeal an Order of Protection in Arizona?

The court must schedule a hearing within ten days of the date of the request for hearing or within five days if the restraining order prevents you from returning to your residence.

Are orders of protection public record in NY?

An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.

How long does an order of protection last in New York?

In New York, a temporary order of protection can be renewed for as long as the case lasts. If warranted, the judge has the option to replace it with a permanent order of protection once the case concludes. The order typically remains in effect for a year. In some circumstances, it can last up to five years.

Does a restraining order go on your record?

Does a restraining order affect your record? Unless a restraining order is breached, it will not appear on your criminal record. However, it will be recorded both by the police and in court records, if you fall foul of the law in the future, a past restraining order can be used as evidence against you in court.

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 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.

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.

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.

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 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 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 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 a judge decides that a protection order or renewal should be granted based on the contents of the petition

When a judge decides that the petition for a protection order or a renewal should be granted based on the contents of the petition, the judge may sign an ex parte order. If this is the case, the respondent has the opportunity to request a hearing, to provide an opportunity to say why the protection order or renewal should be denied.

When describing the events in the protection order, should you also tell the judge how the events made you feel or affected

For example, if something happened that caused you to be fearful, you should tell the judge what happened, that it caused you to be scared and how that affected your life if it did.

Why is it important to attend a court hearing?

It is important that you attend the hearing so that you can provide the judge all of the information that is available and necessary to either issue a final protection order or to dismiss the case.

What happens if you have an attorney with you?

If you have an attorney with you, the attorney can make certain that evidence is given to the judge. The judge will likely ask the other person if there are any issues or concerns, called objections, with your request. The judge will then decide whether to accept the item as evidence.

Can a judge sign a show cause order?

The judge may also sign a show cause order, requiring a hearing on the petition and affidavit submitted. If you received an ex parte domestic abuse protection order, you also have an opportunity to request the court to have a hearing.

Can you have photos taken in court?

Yes, if you have photographs or other evidence, including the original application for the protection order, and you want the judge to consider this evidence when making a decision, you will need to ask the judge to consider them as evidence. For example, you may say to the judge “Your Honor, I would like to have my Petition ...

Who is at the court hearing?

In addition to the judge, others may be at the hearing, including the court reporter, sheriff’s deputy, attorneys, the other party, a victim advocate and you. Some courts will hold several hearings during a set period of time, so the individuals involved in those cases may also be in the courtroom.

What is a protection order in Ohio?

A protection order—commonly referred to as a restraining order—is a court order that is intended to protect the victims of alleged domestic violence. Courts in Ohio will hold hearings to review evidence and hear testimony before issuing these orders.

Can a domestic violence victim get a civil protection order?

If there are no criminal charges against the alleged offender, an alleged victim can still seek a civil protection order from the domestic relations court.