what kind of lawyer should i speak to to get a restraining order

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.

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Do I need a lawyer for a restraining order?

It is highly recommended that you bring a lawyer to this hearing, as the judge will determine if you receive a final order, called a Plenary Order of Protection, as well as the length and conditions of the order. An experienced family law attorney will have the skills and know-how to properly present your case and increase your chances of successfully obtaining a Plenary Order of …

What to do if you are served with a temporary restraining?

You also have the right to be represented by an attorney, although in restraining order proceedings, you are not entitled to free counsel or a court-appointed attorney. You should never ignore a restraining order request. Instead, you should get information about your rights and options, consult with a lawyer, and participate in the court process. Once a restraining order is …

Why choose attorney McAllister for a restraining order?

Oct 19, 2017 · If you think that you need a restraining order against your ex, you should contact a lawyer. Only a lawyer with experience can tell you whether or not the order is a good idea. If you decide to go through with the order, your lawyer can help you through the process. No Comments

Can a person go to jail for violating a restraining order?

Dec 05, 2014 · 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 with knowing legal evidence and procedure if you represent yourself.

What type of attorney should I hire for a restraining order?

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. 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.

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.

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 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.

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.

What are the rights of a person who is subject to 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.) You also have the right to be represented by an attorney, although in restraining order proceedings, you are not entitled to free counsel or a court-appointed attorney.

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

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 ...

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) ...

How to get a restraining order?

The step to get a restraining order are simple but should be followed to ensure your safety. If you’re unsure about what information to gather as evidence, then speak with an attorney. A consultation is an excellent way to learn your options.

What are the different types of restraining orders in Nebraska?

In the state of Nebraska, there are three types of protection orders available. They are harassment protection order, domestic abuse protection, and sexual assault protection.

What happens when a relationship is dysfunctional?

When your relationship is dysfunctional, it impacts the entire family. If you don’t feel safe within your home, it makes daily life seem unbearable. But you don’t have to live in fear. In Nebraska, the process to get a restraining order is simple. No one should suffer in silence.

How many pages are there in a protection order?

The petition and affidavit to request a protection order is a detailed six-page form. The document refers to the person who harassed or abused you as the respondent. It’s crucial to read over and complete the papers.

Where to file a restraining order in Douglas County?

According to the Douglas County Clerk’s website, the affidavit to file a restraining order gets processed on the third floor of the courthouse on 17th and Farnam Streets.

What to do if an affidavit is denied?

If an affidavit gets denied, you should seek legal counsel and discuss your options. Refiling an affidavit with the help of an attorney might ensure you receive the restraining order.

What documents should be taken to the courthouse?

The documentation should include dates of incidences, names of witnesses, police reports, medical records, and photographs of physical and sexual trauma.

Why do we need a restraining order?

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 ...

What can an attorney do to help you?

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.

Can you get a custody order in California?

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.

What happens if you get a restraining order against someone?

If the restraining order is against someone in your home, law enforcement can force him to leave. He may need to go immediately and only get access to his essentials. Depending on the urgency, he may only be allowed to take an overnight bag and his wallet.

What are the consequences of a restraining order?

There are a few serious impacts of a restraining order. Before you consider getting a restraining order against your ex, you should understand the impact. The impact can be long-lasting and life-changing. The first impact of the restraining order is an obvious one. When you file a successful restraining order, your ex cannot come ...

What happens when you split up with your ex?

When you and your ex split up, the emotions can take over. You might say and do some things that you regret. As a result, you could do something that can have long-lasting implications. In some cases, this means getting a restraining order against your ex. Find out whether or not you should get a restraining order against your ex ...

Can you have a lawyer at a court hearing?

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...

Can a lawyer cross examine a witness?

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.