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Getting a Lawyer. Depending on your case, you may want a specific type of lawyer. If your restraining order is coming from a family case, you may want to hire a family attorney.
Because state laws vary in terms of how to obtain a TRO, and how long the order will last, an experienced and local family law attorney will be best suited to helping you understand how best to proceed with obtaining a TRO in your state.
You can count on Attorney McAllister to provide caring support to you and answer any questions that you might have as you pursue your restraining order. Bay Area Family Law Attorney Lucy S. McAllister has a history of helping clients protect themselves through the use of restraining orders.
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. To qualify for an Order of Protection, typically a relationship must exist between you and the other person who harmed you. Some of the situations that apply include:
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.
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 ...
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 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.)
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
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.
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 ...
If you are served with a temporary restraining order it is important to comply with the order. You will have the opportunity to contest a permanent order at the hearing. Gather evidence related to the incident or incidents that led to the order. Contact witnesses that might have relevant information.
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 ...
When the police arrive, show them the restraining 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.
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.
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 ...
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.
A restraining order can be obtained on their behalf to protect them against potential abusers.
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...
In general, a restraining order can keep you and others who are in danger, such as your children, safe by requiring the person who poses a threat to you to refrain from being near you, and to stop contacting you, among other things. If you need a restraining order against someone in your life, here are ten good reasons that you should ask ...
Your attorney can help you to organize threatening messages, texts, photos of property damage, and any other evidence of threatening behavior and present it in a compelling manner to the court. During this difficult time in your life, it can be comforting to know that there is someone who is looking out for you.
For example, you cannot get a Custody Order in conjunction with a Civil Harassment Order, but you can get one with a Domestic Violence Order.
Local police are responsible for serving the temporary restraining order to the alleged abuser. The temporary order will remain in effect until the Order to Show Cause hearing, in which the court will review the facts in terms of the need for the order, and determine if there is a need for a long term restraining order.
Orders may also include other people, such as: Family members; Friends; Children, such as with a child protection order; Businesses; and/or. The general public. Most restraining orders are issued as a result of a person seeking protection from immediate harm.
This order states that a person must refrain from specific activities, or they must stay away from a certain location or person. A TRO is not permanent, and is intended to last only until ...
A restraining order is issued by a court, and restricts one person from contacting or harming another person. Generally speaking, this is accomplished by requiring the individual to either do, or not do, a specific act. An example of this would be a restraining order that requires one person to maintain a specific distance, ...
However, there are other types of orders that may be issued in order to prevent emotional or even economic harm.
An example of this would be how in Texas, a domestic violence restraining order can only last for two years. However, the court can issue an order for longer if the abuser caused bodily injury, or committed a felony against the victim or another member of the family or household.
The length of restraining orders could range from several days to several years , and those who violate the order could face criminal penalties for failing to follow the order. Terminology can vary on a state by state basis. Restraining orders can be referred to as protective orders in some states, but not in others.
Often the most effective evidence used to win or fight a restraining order is using third-party witnesses. A witness who has little connection to either party and no stake in the outcome of the case can be a powerful factor for the Judge.
The level of evidence required at the temporary restraining order stage is very low. The technical term for the proof needed is “reasonable proof.”.
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 best way to win in a domestic violence restraining order case is to provide strong evidence that the petitioner is not being truthful. In these types of cases, the courts tend to side with the supposed victim of domestic violence, especially if other family members are in danger.
The reason why a temporary order is granted with such a low threshold is two-fold. A temporary order by nature is limited in duration. 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 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.
Many people who are seeking to file or defend a restraining order have no idea what evidence is needed in order to have an order granted. A Judge who is deciding on a restraining order case has different standards of proof depending on the type of case. Contact Law Office of George Gedulin today to get started on your free consultation.