what kind of lawyer to i need for a protection order?

Before acquiring the order of protection, the victim or potential victim will need to talk to a victim’s advocate. This can also start with a lawyer with a background in order of protection measures or a legal professional versed in restraining orders.

Full Answer

Do I need a lawyer to file an order of protection?

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:

What do you need to know about a protection order?

Protection Order Lawyer. If a protection order is valid, it is entitled to the full faith and credit for wherever you go. A protection order is valid if the issuing court had authority over the victim and the abuser, authority to hear and decide the case, and the abuser was given notice and had opportunity to be heard.

What kind of lawyer do I need for a restraining order?

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.

Can a judge ask you questions during a protection order hearing?

In some cases, even if an attorney is present, the judge may not allow the attorney to ask the parties questions during the hearing. Each side will be given an opportunity to testify in court, or in other words to explain to the judge why a protection order should or should not be granted. Do I need to be sworn in?

How do I fight a TPO in Georgia?

You may be able to beat a TPO in Georgia if the full TPO hearing is not held within 30 days after the filing of the petition for temporary protective order. The TPO hearing where the petitioner must prove his or her allegations against the respondent must occur within 30 days after the filing of the petition for TPO.

How long does a permanent restraining order last in Colorado?

However, a temporary protection order can be continued for up to one year, upon a finding of good cause by the judge. A permanent restraining order can be permanent, just like the name says. A permanent protective order will remain in effect until is modified or dismissed.

What proof do you need for a restraining order in California?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

How do I fight a protective order in Oklahoma?

Contest the protective order in court. Find out when the next hearing is and be sure to be in court to present your defense. Contact an Oklahoma City protective order defense lawyer to find out how they can help. You must have a legal expert at your side when you show up in court.

Does a restraining order go on your record?

Does a restraining order affect your record? Unless a restraining order is breached, it will not appear on your criminal record. However, it will be recorded both by the police and in court records, if you fall foul of the law in the future, a past restraining order can be used as evidence against you in court.

Can you appeal a protection order Colorado?

If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.)

Does a restraining order show up on a background check in California?

Does A Restraining Order Show Up In A Record Check? Yes, in most situations. Most restraining orders are "CLETS Orders". This means they are entered into the California criminal database, known as CLETS, "California Law Enforcement Telecommunications System", often called a "rap sheet".

How much does it cost to file a restraining order California?

Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).

How do you fight a restraining order in California?

Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on their website. Find your local court's website. If your court's self-help center helps people with civil harassment restraining orders, ask them to review your paperwork.

What happens if the victim violates the order of protection in Oklahoma?

Under 22 O.S. § 60.6, violating a restraining order is a misdemeanor on the first offense and a felony for a second or subsequent offense. Misdemeanor violation is punishable by a fine of up to $1,000 and a maximum of one year in county jail.

What happens if the petitioner violates a protective order in Oklahoma?

As a first offense, violating a protective order is treated as a misdemeanor crime. It is punishable by up to a year in the county jail, or a fine of up to $1,000, or both. In domestic abuse situations, a protective order may be violated repeatedly. A subsequent violation of a protective order is a felony offense.

How much is a restraining order in Oklahoma?

There is no fee for filing a protective order. If Court Order is issued, the judges may order the abuser to pay the court costs. If you dismiss the order or the judge finds that you don't need one, the may order you to pay the costs.

What Should Be in my Protection Order?

Your protection order requires the police, prosecutors and the court to enforce it the same way they would enforce a local order. The below information is not required but it may make it easier to get your court order enforced:

What Does it Mean that a Protection Order Should Be Served to the Abuser?

This means that the abuser was given a copy, usually by the police, of the protection order. The police then give the court proof that the order was served. A notice can also be ok. This essentially means that the abuser knew about the order.

Do I Need a Lawyer?

The legal process in getting a protection order and what to do if you relocate can be confusing and difficult. A criminal lawyer who is experienced in domestic violence law can assist you.

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Nancy Ann Biediger Lorenzen

The prosecutor should have all the records, including the police report. The judge is going to ask about what happened. All you have to do is tell the truth. If you want to know specifically what kind of things your judge is going to be concerned about, you should speak to the prosecutor who handles these cases and ask.

Cynthia Russell Henley

At least in Harris County, the prosecutors' office handles the hearings on behalf of the complainants - even on the 2 year application. You should call the prosecutor handling the assault case and inquire if they will be handling the application. If you cannot get an answer, call the court with your questions...

Cynthia Russell Henley

At least in Harris County, the prosecutors' office handles the hearings on behalf of the complainants - even on the 2 year application. You should call the prosecutor handling the assault case and inquire if they will be handling the application. If you cannot get an answer, call the court with your questions...

What is a restraining order?

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.

Who is the enforcer of a restraining order?

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.

How long does a restraining order last?

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.

How long do you have to file a criminal charge?

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.

Why do police arrest abusers?

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.

Do you have to attend a hearing to get a restraining order?

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 ...

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.

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 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.

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.

When a judge decides that a protection order or renewal should be granted based on the contents of the petition

When a judge decides that the petition for a protection order or a renewal should be granted based on the contents of the petition, the judge may sign an ex parte order. If this is the case, the respondent has the opportunity to request a hearing, to provide an opportunity to say why the protection order or renewal should be denied.

When describing the events in the protection order, should you also tell the judge how the events made you feel or affected

For example, if something happened that caused you to be fearful, you should tell the judge what happened, that it caused you to be scared and how that affected your life if it did.

Why is it important to attend a court hearing?

It is important that you attend the hearing so that you can provide the judge all of the information that is available and necessary to either issue a final protection order or to dismiss the case.

What happens if you have an attorney with you?

If you have an attorney with you, the attorney can make certain that evidence is given to the judge. The judge will likely ask the other person if there are any issues or concerns, called objections, with your request. The judge will then decide whether to accept the item as evidence.

Can a judge sign a show cause order?

The judge may also sign a show cause order, requiring a hearing on the petition and affidavit submitted. If you received an ex parte domestic abuse protection order, you also have an opportunity to request the court to have a hearing.

Can you have photos taken in court?

Yes, if you have photographs or other evidence, including the original application for the protection order, and you want the judge to consider this evidence when making a decision, you will need to ask the judge to consider them as evidence. For example, you may say to the judge “Your Honor, I would like to have my Petition ...

Who is at the court hearing?

In addition to the judge, others may be at the hearing, including the court reporter, sheriff’s deputy, attorneys, the other party, a victim advocate and you. Some courts will hold several hearings during a set period of time, so the individuals involved in those cases may also be in the courtroom.

Who to talk to before obtaining an order of protection?

Before acquiring the order of protection, the victim or potential victim will need to talk to a victim’s advocate. This can also start with a lawyer with a background in order of protection measures or a legal professional versed in restraining orders. This advocate will explain if the order of protection is the best action to take ...

What is an order of protection?

An order of protection is something a person can acquire through petitioning the courts because of abuse or threats to a person either in a family or individually without attachment of a spouse or children.

What do you need to know about a court order?

Telling the Judge. The judge in the courtroom will need to know what the order should say and why the order is necessary. The person suffering violence or abuse at home will need to specify what the aggressor does and when. These injuries suffered should have some form of documentation or proof to substantiate the claim.

What is the next step in a court order of protection?

The next step, if the advocate says to file the order, is to petition the courts and file the petition for the order of protection. This normally requires no expense. The person does need to sign an affidavit about the aggressor and what he or she did to the victim. This affidavit is a form that explains the victim does so swear ...

What does a lawyer do in a case?

The lawyer hired for the case can support the victim and help gather proof to increase the strength of the claim against the other party. The victim will need to state what happened, how and when. The details must remain valid for a legitimate order to keep protecting the victim.

Why do some people use order of protection?

However, others will use an order of protection to remove the threat of possible abuse in any manner from physical to verbal. Some partners can become physical after a verbal attack. Other reasons exist through the threat or actual occurrence of sexual assault, sexual battery and standard assault.

What is the actual threat of a restraining order?

The Actual Threat. For an order of protection to have a valid reason and action, there must exist some threat to the person or the family. Generally, a person will seek this type of restraining order in the state when a spouse, romantic partner or civil partner is threatening the individual with physical violence.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

How old do you have to be to get a protection order?

You must be at least eighteen years old to apply for a protection order.

Who is the applicant in a court order?

The “applicant” is the person who believes they need protection and who files the application for an order with the court. The applicant could be: A person who believes they need protection because they have been the victim of a crime involving stalking or harassment or sexual assault.

How long does a temporary protection order last?

A temporary protection order will expire no later than 45 days (15 days for protection orders against workplace harassment) after the order is signed and served on the adverse party, unless otherwise ordered by a justice of the peace. If the order is not served within 45 days after it is issued, it will expire. FYI!

Where can I file for stalking in Nevada?

So, for example: If the adverse party is stalking you in North Las Vegas, you can file your application in the North Las Vegas Justice Court.

What is an extended protection order?

Overview. A “protection order” is an order issued by a court that protects a person by requiring another person to do, or not do, certain things. The order could be: A “temporary protection order,” which is an order issued by the justice court that is in effect for up to 45 days, or. An “extended protection order,” which is an order ...

What happens after you complete your TPO application?

After you have completed your application and other documents, your paperwork will be assigned a case number, and your case will be assigned to a justice of the peace. The justice of the peace will do one of three things: Grant your application and issue a “TPO” (temporary protection order).

How long does it take for a court order to be signed?

Some courts count 45 days from the date the judge signs the order. But some courts count 45 days from the date the order is served on the adverse party. Check with the court clerk where you filed your application to verify how long the order will be in effect.

What court can issue an order of protection?

Family Courts, criminal courts, and Supreme Courts can all issue orders of protection. For information and hotline numbers for addressing situations involving domestic violence, see below. An order of protection may direct the offending person not to injure, threaten or harass you, your family, or any other person (s) listed in the order.

How to obtain an order of protection in the family court?

To obtain an order of protection in the Family Court, your relationship to the other person must fall into one of the following categories: Someone with whom you have or have had an “intimate relationship.”. An intimate relationship does not have to be a sexual relationship.

What is the name of the person who files a petition in family court?

After a petition is filed, the court will decide if it is an intimate relationship. To start a proceeding in Family Court, you need to file a form called a Family Offense petition. The person filing the petition is called the “ petitioner ,” and the person the petition is filed against is called the “ respondent .”.

What is a criminal court order of protection?

A criminal court order of protection is issued as a condition of a defendant’s release and/or bail in a criminal case. A criminal court order of protection may only be issued against a person who has been charged with a crime. Criminal cases are prosecuted for the State of New York by the district attorney. Although the district attorney may start ...

What is an order of protection?

An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence. Family Courts, criminal courts, and Supreme Courts can all issue orders of protection.

How to contact the NYS Office of Domestic Violence?

In NYC: 1-800-621-HOPE (4673) or dial 311. TTY: 1-866-604-5350. For further help and information regarding what to do in a situation of domestic violence: Go to the Help page of the NYS Office for the Prevention of Domestic Violence.

Who prosecutes criminal cases in New York?

Criminal cases are prosecuted for the State of New York by the district attorney . Although the district attorney may start a criminal case before a person is arrested, a criminal case usually begins with a person’s arrest. The person charged with abuse is called a “ defendant .”.