If you think you need to obtain a restraining order, or have been served with a temporary restraining order, you should reach out to a criminal attorney or family law attorney. You should have legal representation at the hearing where the court will decide whether or not to issue a permanent restraining order.
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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.
If you think you need to obtain a restraining order, or have been served with a temporary restraining order, you should reach out to a criminal attorney or family law attorney. You should have legal representation at the hearing where the court will decide whether or not to issue a permanent restraining order.
Feb 01, 2017 · It is especially important to have a skilled attorney by your side for a domestic violence restraining order, since the court requires very little evidence of proof in these cases. The sooner you call and attorney, the better your chances are of fighting the allegations against you. Contact the Law Office of George Gedulin today at (858) 281-4605!
The Washington court does not require any individual requesting a Restraining Order to have an attorney. Since petitioners in Washington may only obtain a Restraining Order in a domestic court case, an attorney can help you understand the order’s applicability to your case. Contact Us
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. 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.
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.
Separated or divorced from the person who hurt you; 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); Dating (or formerly dated) the person who hurt you; Engaged to (or formerly engaged to) ...
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.
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.
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 ...
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.
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.
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 ...
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.
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 ...
If you've had any type restraining order filed against you, it's essential that you hire a criminal attorney to defend you in court. Even if you are innocent of all charges, you may still face serious consequences if you don't have a thorough and solid defense.
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 the petitioner to have legal and police protection.
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.
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.