what lawyer do you need to counter a restraining order

Full Answer

Do you need an attorney for a restraining order?

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.

What kind of lawyer do you need to fight a restraining order?

If you want to fight the order, you will probably need an attorney. Depending on your circumstances, such as if children are involved, you may want a specific type of attorney, such as one who practices family law. A restraining order is a tool used by the court to keep people away from certain places or certain people.

How long does it take to be served restraining order?

The sheriff’s office must then serve the order to the harasser and file proof of service with the court clerk within 14 days of the date that the harassment protection order was issued. 1 Note: In order for the papers to be served upon (legally given to) the harasser, the sheriff will go to the harasser’s home, work, or other place s/he can ...

How to remove a restraining order without an attorney?

• The names of the parties;
• The date that the restraining order was entered by the court; and
• Any reasons for lifting or removing the restraining order.

How do you get around a restraining order?

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order.

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.

How do I fight a protective order in Indiana?

To fight a false restraining order and false accusations of stalking, harassment, or domestic abuse, you must appear in court. Your lawyer will file your appearance and prepare you for the hearing, which may be unpleasant.

How do I appeal a restraining order in Massachusetts?

File a notice of appeal in the Land Court Recorder's Office. For almost all cases, this should be filed within 30 days of entry of the judgment on the docket. For almost all cases, the appeal is to the Massachusetts Appeals Court.

Can you appeal a restraining order in California?

Can you appeal a restraining order in California? Restraining orders can be appealed in California, but the appeal process varies based on the severity of the restraining order. The deadline to file a notice of appeal changes based on the type of civil case the restraining order would fall into.

Does a restraining order go on your record 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".

Can you appeal a restraining order in Indiana?

Breaking News, What You Need To Know: Indiana Court Of Appeals Reverses Protective Order For Lack Of Evidence. Protective Orders are powerful tools in the legal sphere. Protective Orders can be used to help ensure the safety of individuals in dangerous situations, such as victims of domestic violence.

How do I drop a no contact order in Indiana?

If you want to get back together, or even just talk to the other person or see them, you can:ask the court to change the order. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order. ... Get the 209A protective order "terminated." This will end the order completely.

What is considered harassment in Indiana?

Harassment is defined as an act that intends to annoy, harass, or alarm another individual without any intent of legitimate communication. This may include phone calls, written communication, radio communication, or any communication by means of the internet or electronic devices.

Can you fight a restraining order in Massachusetts?

It is extremely difficult to challenge a restraining order, but it is possible. No matter what the circumstances are, you need to fight a false restraining order issued with the help of an experienced attorney at the Bellotti Law Group, P.C.

How do you get a restraining order expunged in Massachusetts?

The record of a 208, 209A or 258E civil restraining order can now be expunged (by way of written motion to the court with accompanying memorandum of law and supporting affidavit, and generally after both evidentiary hearing and oral argument) from the statewide domestic violence registry if shown by clear and ...

Can a defendant appeal a restraining order in Massachusetts?

On appeal, the Appeals Court held that while restraining order hearings can be informal, “minimum standards of fairness must be observed.” A defendant must have notice and an opportunity to be heard (in other words, the hearing must meet the basic requirements of constitutional due process).

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.

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.

What happens during a second court appearance?

During this second appearance, both parties will have an opportunity to explain each side to the judge. It is highly recommended that you bring a lawyer to this hearing, as the judge will determine if you receive ...

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.

What does "separated" mean?

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) ...

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 ...

How does a TPO hearing work?

Understand how the hearing works. In many, if not most jurisdictions, the hearing for the Temporary Protection Order (TPO) is done ex parte, which means that it is done without both parties being present. The petitioner presents his or her evidence to the judge without the respondent being present, and the respondent presents his or her evidence afterwards. Don't allow this procedural quirk to put you off. Since a TPO hearing is not a criminal trial, and the judge is not determining guilt, you do not have the same right to confront your accuser as you do in a criminal trial.#N#Understand why TPO hearings are conducted ex parte. Even if the petitioner's request for a TPO against you is without merit, they are meritorious in many cases, and this style of hearing allows for the parties to present their cases in an atmosphere as free from intimidation as possible.

What is the standard of proof for granting a TPO?

In most states, the standard of proof for granting a TPO will require the petitioner to either show by a "preponderance of the evidence" that the facts alleged are true, or demonstrate to the judge "good cause" to grant the protection order.

Why do you contest allegations at a TPO hearing?

Remember,you are contesting the allegations at the TPO hearing because you feel that they are unfounded and without merit. You are not the first person to be the subject of a TPO hearing without merit, but if you lose control of your emotions at the hearing, the hearing's result will not be in your favor.

What is a restraining order?

Legally, a restraining order is an umbrella term referring to an order restraining parties in a lawsuit from doing certain things. What those things are would be specific to the facts of the case. While the legal definition of restraining order is very general, when most people say "restraining order," they mean what is called in most states a "protective order." In that sense, restraining order is a throwback term (except in California, where it is still in use), left over from the days before more specific protective order statutes were enacted. Technically, all protective orders are restraining orders, but not all restraining orders are protective orders.

How to prove assault?

If you weren't there, provide evidence beyond your word that you were someplace else. If there were witnesses to the assault, try and get the witnesses to testify or write statements on your behalf. If you expect the petitioner to present photographs showing physical harm, present evidence to show there are other explanations for how they might have received that physical harm.

What is standard of proof?

"Standard of proof" is a term describing the evidence needed to secure the petitioner or plaintiff's desired result. In a criminal case, the standard of proof requires the evidence to show the defendant is guilty beyond a reasonable doubt.

What happens if you get a restraining order against you?

Therefore, if someone has initiated a petition for a restraining order against you, it is in your best interest to mount a vigorous defense.

1 attorney answer

You can file your own request for a DVTRO but you need a basis for doing it; you just need to factual counter the allegations that he made in the request for TRO when you go to full hearing for the RO. More

Judith Ann Routledge

You can file your own request for a DVTRO but you need a basis for doing it; you just need to factual counter the allegations that he made in the request for TRO when you go to full hearing for the RO. More

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Why do you sue for a false restraining order?

If you’ve been falsely accused, you should sue for a false restraining order to protect your reputation and eliminate the risk of a dent in your future employment prospects.

How to file a lawsuit with DoNotPay?

To file your lawsuit, you have to: Log in to DoNotPay and select the Sue Now Product. Quantify your claims in a dollar value. Select whether you want a demand letter or court filing forms. Describe the reason for the lawsuit and submit any applicable details, including photo proof and other relevant records. That’s it!

What is a restraining order?

A restraining order is a court-backed command that compels you to take a specific action. Restraining orders can be used to: Prevent your access to a particular area. Revoke your permission to carry certain items in your possession (e.g., a gun) Stop you from being in the company of a person or a group of people.

Why do people shy away from clearing their name?

Many people shy away from clearing their name because they feel the legal costs are higher than the benefits. This is far from the truth if you consider the social stigma and the potential dent in your future employment opportunities. The table below outlines the steps you can take to sue for a false restraining order in small claims court by yourself:

How long does a temporary restraining order last?

Temporary Restraining Order. These are restraining orders that last anywhere from 24 hours to 14 days, depending on the state. They can be issued by a police officer who may have witnessed domestic violence or at a county court by a clerk. Emergency Restraining Order.

What is a final protection order?

The location where the incident occurred. Final Protection Order. You are required to appear in court with the defendant for a final protection order. You are expected to convince the judge with credible evidence of your claim.

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.

Is it better to have a lawyer with you or against interest?

Having a lawyer with you is ALWAYS better so that you cannot make any statements against interest. However, judges in Los Angeles who handle retraining orders are used to dealing with self-represented parties. SO it really is up to you. Good luck. Just deny any claims she makes that are untrue and present all of your evidence in a cohesive way, with numbers on any documentary evidence you present and have copies for both the Court and the defendant.

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...