what kind of lawyer to get for harassment/restraining order

A good portion of the restraining orders typically come from the first two groups. The attorneys generally more likely to assist in these matters are criminal defense attorneys or family law attorneys. Best wishes.

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What kind of attorney do I need to get a restraining order?

A good portion of the restraining orders typically come from the first two groups. The attorneys generally more likely to assist in these matters are criminal defense attorneys or family law attorneys. Best wishes... Offers FREE consultation! Offers FREE consultation!

Who can a harassment restraining order be issued against?

A Harassment Restraining Order is issued against: 1 Any individual 2 Group of individuals 3 Organizations More ...

What to do if you are a victim of harassment?

Any person who is a victim of harassment may seek the issuance of a restraining order from the Court. In the case of a minor victim, the parent or guardian of the minor may request for the issuance of the same. Once the restraining order is issued, it may prohibit any form of harassment from happening.

Can a judge issue a restraining order without a hearing?

The judge may also schedule a hearing, with or without the issuance of a restraining order. If the facts that are required for the issuance of a restraining order are fully established, the judge may issue the same for a period of two years or less.

FROM THE CIVIL HARASSMENT RESTRAINING ORDER LAWYER

Service begins with a consultation to analyze the facts of the case and determine the proper order of proof for trial.

OF THE CIVIL HARASSMENT RESTRAINING ORDER LAWYER

The strengths and weaknesses of the case are proven by various methods of trial presentation.

Call 760-806-4333

To receive a TRO, the petitioner must show by a credible declaration that she or he has suffered from harassment or a threat of harm.

3 attorney answers

What type of protective order is in place? Is the protective order a criminal protective order (issued in criminal court), a domestic violence restraining order (family law court), or a civil harassment restraining order (civil court)? I would venture to guess that you either have a criminal protective order or a domestic violence restraining order because a civil harassment restraining order would not apply to you in this situation..

Tristan Yohan Jagroop

Sounds like a criminal protective order. This is under the exclusive jurisdiction of the criminal court and the district attorney. You really do not have any control over it being in place or removed. A consultation with a criminal defense attorney would be the most useful to see if you have any options.

Erin Alexandra Campbell

Restraining orders are generally of three types: 1) criminal; 2) family; or 3) civil. A good portion of the restraining orders typically come from the first two groups. The attorneys generally more likely to assist in these matters are criminal defense attorneys or family law attorneys. Best wishes.

What happens if a petitioner asks for 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.)

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 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 ...

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

What happens if a petitioner accuses you of texting?

If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.

How long does it take to get a permanent order?

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.

Can you be charged with a crime for violating a restraining order?

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.

Who can file a civil harassment restraining order?

To file a Civil Harassment Restraining Order, the person you want to restrain CANNOT be: A close relative (parent, child, brother, sister, grandmother, grandfather, in-law). These types of persons require a Domestic Violence Restraining Order.

What type of person requires a domestic violence restraining order?

These types of persons require a Domestic Violence Restraining Order. A civil harassment restraining order can be filed to protect you from: A roommate (not a current or former partner) A friend, or someone who you used to consider a friend. A neighbor.

What happens when you file a restraining order?

When you file a restraining order, you must prove that the person you are wishing to restrain has harmed you or threatened to harm you, or that they have harassed you in a way that has scared or annoyed you (including stalking).

How does California protect against harassment?

California works to protect individuals facing harassment through civil harassment restraining orders. A Civil Harassment Restraining Order can keep someone, by law, from stalking, threatening, harassing, or abusing you. If you need a restraining order, call Hurwitz Law Group so that our Los Angeles restraining order attorney for help.

How long does a restraining order last?

However, if the court decides to issue a restraining order, that order can last anywhere from one to five years.

What are the actions that are considered harassment in California?

Actions are considered “harassment” for the purposes of California law if they involve. Violence or threat of violence. Sexual abuse or threat of abuse. Unwanted communication, especially repeatedly, especially in a manner that significantly annoys or intimidates you. Stalking.

Can you own a gun with a restraining order?

Stay away from members of your family or household, including your children, and their schools and workplaces. Not own a gun. A restraining order can provide relief from individuals whose unwanted and sometimes dangerous attention seems relentless.

What is the legal definition of harassment in Wisconsin?

For the purposes of getting a harassment restraining order, the legal definition of “harassment” includes:

What types of harassment restraining orders are there? How long do they last?

There are temporary and final harassment restraining orders. A final harassment restraining order is also called an injunction. A temporary order may be granted by a judge or circuit court commissioner if s/he finds reasonable grounds to believe that the abuser has intentionally harassed or intimidated the victim.

What protections can I get in a harassment restraining order?

A harassment restraining order (both the temporary order and the injunction) can order the abuser to:

Who is eligible to file for a harassment restraining order? Can a minor file?

Anyone who is being physically or sexually abused, stalked, threatened, and/or harassed or intimidated repeatedly with no legitimate (valid) purpose by another person is eligible to file for a harassment order. 1

In which county do I file the petition?

You can file a petition for a harassment restraining order in any of the following counties:

What is a restraining order for a harrassed person?

A Harassment Restraining Order is an order issued by the court in order to keep the offender, or any person acting on his behalf, from contacting the victim in any way. The restraining order also keeps the offender from making physical contact with the victim.

How long can a judge issue a restraining order?

If the facts that are required for the issuance of a restraining order are fully established, the judge may issue the same for a period of two years or less.

What is the affidavit for a restraining order?

The petitioner may fill out the Petitioner’s Affidavit and Petition for Restraining Order. The affidavit must be complete and specific and must include the date, time, places, actions, and conversations that lead the petitioner to feel harassed. Said facts must be included in a narrative or affidavit stating the ultimate facts of the case.

Can a minor be a victim of harassment?

Any person who is a victim of harassment may seek the issuance of a restraining order from the Court. In the case of a minor victim, the parent or guardian of the minor may request for the issuance of the same. Once the restraining order is issued, it may prohibit any form of harassment from happening. A Harassment Restraining Order is issued ...