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Moral of the story – based on your facts, you may not need a restraining order of protection attorney/lawyer. Nevertheless, it is always best practice to speak with an experienced lawyer before blindly walking into an unknown legal process.
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. A restraining order is a tool used by the court to keep people away from certain places or certain people.
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.
Restraining orders typically need to be served five court days before the hearing date. Court days are not your normal calendar days. For a court day calculator click here. You can request to have this requirement waived when you file for the 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.)
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, ...
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 ...
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
If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.
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.
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.
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.
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.
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.
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.
During this second appearance, both parties will have an opportunity to explain each side to the judge. It is highly recommended that you bring a lawyer to this hearing, as the judge will determine if you receive ...
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.
The person who is requesting the restraining order must attend the initial hearing, even though the abuser may not yet have notice of the proceeding . You will appear before a judge on an assigned court date, or the same day you file the Petition depending on the jurisdiction, and you will have the opportunity to outline your situation to ...
The temporary restraining order is based on the written documents alone, but the permanent injunction is only granted after a hearing. If you definitely want to win, you should have a lawyer with you. You are emotionally involved, and will be charged... 0 found this answer helpful. found this helpful.
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. If you definitely want to win, you should have a lawyer with you. You are emotionally involved, and will be charged...