what lawyer is needed 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 an order of protection?

Someone who needs an order of protection may also need to include in the order protection for children, elderly persons, or dependent adults. Instructions on how to obtain an Order of Protection are available from the court.

What happens at a protection order hearing without an attorney?

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 a lawyer 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.

How can I defend against a permanent order?

Your ability to defend against a permanent order will depend on having a thorough understanding of the law in your state. Refuting accusations against you will require admissible evidence and relevant arguments.

Does a protection order stay on your record in South Africa?

A final protection order in South Africa remains valid until it is set aside or cancelled by court.

Does a protective order go on your record Texas?

The protective order will remain on your permanent record and could make it hard to find a job, get public housing or secure financing.

How much does a restraining order cost in New Jersey?

There is no fee to file for a restraining order or to have it served. You do not need a lawyer to file for an order but it is generally better to have one if you can, especially if the abuser has an attorney. In many places, local domestic violence or sexual assault programs can help you file for a restraining order.

How much does a restraining order cost in Australia?

There is no fee for applying to the Magistrates Court for a violence restraining order.

What type of proof do I need to support a restraining order?

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

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

Proof of Service must be filed with the court before your hearing date in order to get a protective order if the respondent does not show up. Bring any evidence you have, like photographs, medical records, or torn clothing. Also bring witnesses who know about the violence, like a neighbor, relative, or police.

How do I prove harassment in NJ?

In order to prove harassment as a predicate act of domestic violence in NJ, the plaintiff must show that either subsection (a), (b), or (c) was violated above. Therefore, harassment can be based on harassing communications or an offensive touching so it can be both verbal and/or physical harassment.

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.

Are restraining orders public record in NJ?

Generally, when any person performs an ordinary background check, a restraining order will not be included. A restraining order will not appear on a typical background search because a restraining order is a civil violation and not a criminal offense.

What is the difference between an IVO and avo?

An Intervention Order is to protect someone, adult or child, from particular behaviour that may occur towards another person, the likelihood must be high. AVO is where violence has already occurred and is seen to more than likely occur again.

How long does a restraining order last in Australia?

A final domestic violence protection order normally lasts for 5 years. A temporary order can be made whenever an application is mentioned in court and will last until the next mention date or when an application is heard.

Is an Avo the same as a restraining order?

An AVO is an Apprehended Violence Order. It is an order to protect victims of domestic violence when they are fearful of future violence or threats to their safety. They are sometimes called restraining orders or protection orders.

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.

What is the evidence in a petition?

gather any physical evidence relating to any incidents or events the petition refers to, such as clothing, photos, videos, and objects.

Who decides if a temporary restraining order is needed?

The court clerk takes your forms and information to a judge, who decides if a temporary restraining order is needed until a hearing on your application.

How to get a temporary restraining order?

If you're doing this on your own, you'll start with the form needed for a temporary restraining order—one that can be granted on the spot, sometimes without needing to give the aggressor (the defendant) notice. You can get the forms at your local courthouse, and they're often found online. Many shelters and domestic abuse prevention organizations also have the forms. Once you have the forms, the process goes like this: 1 Complete the forms, describing the abusive or harassing behavior in as much detail as possible. 2 Take your forms, your ID and identifying information about the person you seek protection from to your local courthouse (or the courthouse in your city that has been designated as the place where such matters are heard). 3 The court clerk takes your forms and information to a judge, who decides if a temporary restraining order is needed until a hearing on your application. 4 The court will set a date for the hearing for the permanent restraining order. 5 You'll need to give the defendant notice of the hearing, by arranging for service of process on the defendant, including the location, date, and time of the hearing. 6 At the hearing, you'll provide evidence of the abuse or harassment, and substantiate your need for protection. 7 The judge will decide whether to issue the permanent restraining order, usually that same day.

What happens if you don't follow a restraining order?

Also leave a copy of the order with a responsible person anywhere that the defendant is directed to avoid, such as your workplace and your children's school or daycare. Defendants who are the subject of a restraining order break the law when they don't follow the order's terms. The consequences are jail time and fines.

How to help victims of domestic violence?

Start by conducting an Internet search, with search terms like "obtaining a restraining order in [your city or state]." The results of your search will likely list one such organization.

What do you need to provide at a harassment hearing?

At the hearing, you'll provide evidence of the abuse or harassment , and substantiate your need for protection.

What to do if you don't get cooperation from the police?

If you do not get cooperation from the local police, you can take these steps, which may require the assistance of an attorney: file a civil lawsuit against the defendant, alleging invasions of your privacy and other civil wrongs, and. talk to your local prosecutor about pressing criminal charges.

Where to take ID for protection?

Take your forms, your ID and identifying information about the person you seek protection from to your local courthouse (or the courthouse in your city that has been designated as the place where such matters are heard).

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.

Who can be a witness to a child abuse case?

Remember a witness can be a family member , an ER nurse, a doctor or a stranger who may have witnessed or heard the abuse. It may even be a child or children or a law enforcement officer, and so on.

How to address a judge?

Dress in a manner similar to that as you would for a job interview. Addressing the judge appropriately (using the phrase: “Your Honor” and although the abuser may say upsetting things, remember you will have the chance to tell your story to the judge. You may have to spend all day in court so be prepared.

What evidence can be used in court?

Every state has their own laws on what evidence may be used in court. It may be the case certified copies of documents for them to be valid or you may only be able to use selected excerpts from the document. You may have to get a subpoena to obtain reports from doctors, hospitals and police. And it may be the case the documents have to be mailed to the courthouse instead of yourself. Rules of evidence can be very complex but in the majority of states evidence can include examples of: 1 Court testimony, be it from your witnesses or from yourself 2 Medical reports regarding the injuries you suffered from your abuse 3 Police reports from when the police were called 4 Photos of your injuries, ideally dated from when they were taken 5 Broken or torn household objects from the person who abused you 6 Following an incident of domestic violence, photos of the condition of your household 7 Images of the weapons utilized by the person who abused you 8 The audio from the 911 calls you made (these may have to be subpoenaed) 9 Criminal conviction documents of the person who abused you. These will have to be certified copies obtained from the clerk at the criminal court 10 A calendar or a personal diary or journal that documents the abuse you have suffered 11 As long as it is permitted by the rules of evidence in your state that may assist in convincing the judge.

What to do if you have not received a subpoena?

You should inform the judge if people who have received a subpoena have not shown up for the hearing. You may request the judge to postpone the hearing until the people who have received the subpoena appear.

What do you do at a custody hearing?

On the day of the hearing itself, remember to do the following: Be punctual. Make sure your witnesses are present and prepared. Ensure your evidence is ready.

What is the importance of evidence in custody hearings?

The preparation of evidence is very important as the judge will consider this when making his determination. Some states will use an individual known as a custody evaluator to interview the parties involved. On the day of the hearing itself, remember to do the following:

How long does it take for a judge to decide a case?

He may take a recess before the final decision is made. It may be over a few hours or even a few days or weeks before a final determination is made .

Who is in court at protection order 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.

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.

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 an attorney testify during a protection order hearing?

The process for the hearing may change depending on whether any attorneys are present at the hearing. If you are represented by an attorney you should talk with your attorney prior to the hearing. Your attorney should describe the hearing process. 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.

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.

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.

What is the rule for protective order?

For example, in the U.S. District Court, District of Kansas, Rule 26.2 is titled “ Motions for Protective Orders ” and states that if a party files a motion for protective order, it will stay the discovery until the court renders an order.

What is a protective order in trade secret cases?

In this case, the party from whom the trade secret information is asked will seek a protective order to either prevent the other party from pursuing such a request or asking the court to share the information under seal.

What is the objective of a protective order motion?

The objective of a protective order motion is to seek fair and just protection from the court.

What is protective order discovery?

“Motion for protective order discovery”, “protective order deposition”, or “Protective order discovery” are terms we hear when parties are engaged in a discovery battle in the context of a lawsuit.

What does the court protect?

The courts will generally protect individuals from unwanted annoyance, embarrassment, oppression, undue burden, or expenses.

What is the show of good cause in a lawsuit?

In a lawsuit, the parties are given legal latitude to find facts relevant to their case in order to successfully prove the factual and legal basis of their claim. However, a party is not given “carte blanche” to do whatever they want and collect any piece of information possible.

When do we see a motion for protective order?

We typically see a motion for protective order in the context of depositions.

What is an order of protection?

The term Order of Protection refers to a document issued by a court to protect victims of domestic abuse. The order limits the adverse party’s behavior by specifying the conduct allowed and prohibited. Failure to comply with an order can result in arrest and prosecution. To explore this concept, consider the following Order of Protection definition.

What happens when a protection order is granted?

If granted, law enforcement locates the party accused of wrongdoing and provides him or her with a copy of the order. Once served, the respondent must abide by the conditions included. This remains in effect until the court holds a hearing for a permanent protection order.

What is a protective order?

Every state has laws to protect victims of domestic abuse from further violence. These laws vary but all offer an Order of Protection, sometimes called a “protection order,” or “ restraining order .” Once signed by a judge, the order requires the abuser to stop harming the victim. While an order will not necessarily prevent abuse, it allows the victim to notify police and have the abuser arrested.

What is a domestic violence order?

Domestic Violence Order of Protection. Domestic violence victims have legal options for protecting themselves from continued abuse. This includes a Domestic Violence Order of Protection, also known as a domestic violence restraining order or “DVRO.”. The order prohibits the abuser from engaging in certain types of behaviors.

What happens if the victim fails to appear in an order of protection hearing?

As an example of an order of protection hearing, if the victim fails to appear, the judge dismisses the case. If the respondent fails to appear, the judge typically grants the order.

How far away can a person stay from a victim?

Stay Away – Mandates the abuser keep a specified amount of distance away from the victim at all times. This ranges anywhere from 100 ft. to 100 yards.

What are some examples of mutual order of protection?

Mutual Order of Protection examples include: Ordering both parties to refrain from contacting each other. Requiring the parties to keep a certain amount of distance between them. Mandating that both parties participate in counseling.

What is required to obtain a protective order?

In order to obtain a protective order, a party must show that it needs to be protected from “unwarranted annoyance, embarrassment, or oppression or undue burden and expense .” See C.C.P. §§ C.C.P. 2025.420 (b) (pdf ), 2030.090 (b) (pdf) , 2031.060 (b) (pdf) and 2033.080 (b) (pdf).

What is a proposed order?

The proposed order is a means for the advocate to frame for the court exactly the relief the moving party wants. , e.g., who be excluded from a deposition or which requests the moving party must answer when a challenge to a declaration of necessity is sustained. Submitting a proposed order is helpful because the court will likely sign it (modified or not) at the hearing, thus avoiding time-consuming and expensive post-hearing wangling about exactly what the order should say.

How long do you have to respond to a discovery?

You must bring the motion promptly and before the 30-day within which to respond to the written discovery, because otherwise the grounds for objection may be waived. See Weil and Brown, Cal. Prac. Guide: Civil Procedure Before Trial (TRG 2010) ¶8:1013.

Can you bring an ex parte motion for an order to have the motion be heard on shortened time?

You can bring an ex parte application for an order to have the motion be heard on shortened time. See California Civil Discovery Practice (CEB 4th Ed. 2011) §15.11