what kind of lawyer do i need for a restraining order

Do I need an attorney for a restraining order?

You may complete the paperwork yourself, or contact your attorney to ask for assistance and to make sure your situation qualifies for a restraining order or if you should seek police or other assistance. You do not need an attorney to complete the paperwork but like all legal situations, it?s never a bad idea to have a legal advocate on your side.

What type of lawyer handle restraining order?

Apr 01, 2022 · 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.

How long do you have to serve someone a restraining 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 criminal defense or family law. They've seen their fair share of restraining orders and …

Do you need a lawyer at a restraining order hearing?

If one’s personal safety is compromised by the harmful intentions or actions of another person, one should get a restraining order against the abuser. This is considered a wise thing to do when one’s life is in danger. One should check with the state authorities what this type of order will normally contain as it will vary from state to state.

What is a restraining order?

A Restraining Order, also known as an Order of Protection, is a civil order issued by a court that is designed to protect you from being harmed, abused or harassed by an abuser. It can also keep an abuser from the scene of domestic violence, which may include your home or where you work.

What happens if you violate a restraining order?

The person who requested the restraining order is the enforcer of the order. Do not allow the abuser access to your home or workplace and never accept phone calls. All violations of the restraining order must be reported to the police immediately. A violation of an order is considered a misdemeanor, a criminal offense, and an abuser can be arrested even though the police may not have witnessed the violation. Contempt charges may also be brought against the abuser in civil court when a restrained person violates an order.

What does "relative" mean in a sentence?

Related to the person who hurt you (that is, a parent, stepparent, child, aunt, uncle, grandparent, cousin, or someone with whom you have a child, or someone with whom you say you have a child); Or you are an adult with disabilities.

How long does a restraining order last?

Once filed, a restraining order is effective upon completion of the judge?s signature and lasts until the court date, which usually occurs a few weeks from the filing date.

What to do if an abuser violates an order?

Call the police if the abuser violates the order. The police will arrest an abuser who violates any part of the order in place to protect you from threats or harm. By carrying your order with you at all times, it will be easier for the police to validate the order and understand your current situation.

Do you have to file a criminal charge against an abuser?

Criminal charges can be filed with your local police department against the abuser. You do not have to file criminal charges, but the law does allow you to file them if you so choose. In most states you have at least a year after any incident to file criminal charges. If the abuser is found guilty of the charges, the court can impose punishment in the form of fines, probation, or even jail.

How long do you have to file a criminal charge?

In most states you have at least a year after any incident to file criminal charges. If the abuser is found guilty of the charges, the court can impose punishment in the form of fines, probation, or even jail. If you would like assistance in filing an Order of Protection, please contact the Law Office of Barbara Sherer.

Can a court issue a restraining order?

Courts also can issue restraining orders in civil matters—for instance, prohibiting a person from contacting a non-family member or intimate partner or from going to a certain business or professional office. This article addresses restraining orders and orders of protection in domestic relationships, and focuses on the nature ...

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 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

Is a restraining order a serious matter?

Restraining Orders are Serious Matters. If you are the subject of a restraining order, understand that it is a very serious matter that deserves your prompt attention. You do, however, have important rights. If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because ...

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 ...

Is the internet secure?

The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Courts have the authority to issue restraining orders (also referred to as orders of protection) ...

Keith Jonathan Turner

I agree with the above, but add that that the civil harassment restraining order statute provides: "The prevailing party in any action brought under this section may be awarded court costs and attorney's fees, if any." CCP sec, 527.6 (r).

Arnold William Gross

Each side has the right to have counsel at the hearing. Your lawyer will examine you and cross examine the other party and any witnesses the other party brings to court. The temporary restraining order is based on the written documents alone, but the permanent injunction is only granted after a hearing.

Ara Saroian

I agree with Ms. Vaccaro. You really can go in any direction, but make sure you are prepared and ready to oppose any false arguments the other party makes.

Andra Marie Vaccaro

Having a lawyer with you is ALWAYS better so that you cannot make any statements against interest. However, judges in Los Angeles who handle retraining orders are used to dealing with self-represented parties. SO it really is up to you. Good luck.

What is a restraining order?

Restraining orders (which may also be known as “protective orders”) are orders issued by a court to protect people, businesses, or the general public from harm in situations where there is an allegation of domestic violence, stalking, harassment, assault, or sexual assault. The restraining orders give the court the power to order a person ...

What happens if you violate a restraining order?

Violating a restraining order in place to protect a business or building may result in civil penalties, like a monetary fine. Violating a restraining order that protects a person or people from violence, stalking, or harassment can lead to civil and/or criminal penalties.

How long does a restraining order last?

Restraining orders that are issued before the court has the opportunity to review the facts will only last for a few days or weeks. Generally the order will not expire until the court has a hearing. At the hearing the court will hear ...

How long does a domestic violence restraining order last in Texas?

For example, in Texas, a domestic violence restraining order can only last for two years. However the court can issue an order for longer if certain facts exist. Such as the abuser caused bodily injury or committed a felony against the victim or another member of the family or household.

Is it a crime to disobey a court order?

It is a crime to disobey any court order and the police can arrest the abuser for violating the order. There will be a court hearing to determine whether the order was violated, and if so, what the punishment will be. The court may impose civil and/or criminal penalties. Violating a restraining order in place to protect a business ...

How long does an EPO last?

An EPO is effective immediately and usually lasts no longer that a week. In that time the person can file for a long term order.

What is a civil restraining order?

A Civil Restraining Order covers those individuals who don’t have a qualifying relationship for a domestic violence order. These cases often involve neighbors, co-workers, business partners and sometimes strangers.

Can you file a temporary restraining order in California?

The court papers required for a temporary restraining order in California can be filed by any individual. In San Diego and many courts in California, temporary restraining order requests are handled the same day they are filed. A Judge in each courthouse is assigned to review every restraining order request submitted that day.

How long does a temporary restraining order last?

A temporary order will only last for a few weeks until a hearing for a full restraining order is held. It involves a situation which may be extremely dangerous such as a threat of violence or actual physical harm. The Court will balance the intrusion and impact a temporary restraining order has for the accused against the need for ...

What is the preponderance of evidence?

The level of proof necessary at this type of hearing is called “Preponderance of Evidence.”. The preponderance standard is used in domestic violence restraining order cases because of the close nature of the relationships involved. A good way to look at this level of proof is a fact alleged is more likely than not to have occurred.