what type of lawyer do i need for a protective order

Full Answer

What kind of lawyer do I need for an order of protection?

William Jordan Steed III. A criminal defense lawyer is often a good option, because a person applying for an order of protection may also apply for criminal warrants, either before or after seeking the order. A defense attorney can begin preparing a defense not only for the order but also for...

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.

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.

What can a protection order do?

A protection order can do a number of things. It can: Order the adverse party to stay away from the applicant’s home, school, business, place of employment, and any other location specifically named by the court.

What is a restraining order?

Why is a restraining order important?

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

Is it better to settle things out of court or go to court?

How do you get around a protective order?

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. You can still have an order saying that they can't abuse you, but they won't get in trouble just for contacting you or being with you.

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 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 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.

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

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.

Are protective orders public record in Indiana?

The Indiana Protective Order Registry is publicly searchable, making your protective order records available to anyone with access to the Internet. Similarly, the docket showing activity in criminal case files is accessible by searching mycase.in.gov. In other words, these files are open for public access.

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

Gather What You'll NeedProof of identity, such as a valid Georgia driver's license.Information about the respondent, such as their full name, date of birth, home address, and contact information.Required forms, such as a petition for a temporary protective order. ... Evidence that is specific and clearly documented.More items...

Are restraining orders public record in Georgia?

This means that the documents filed in a TPO, ex parte or otherwise, will be public record and available for viewing in-person at the clerk's office or online (if the county supports such a web-based record system).

How do I get a no contact order dropped in Georgia?

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim would have to contact the judge's assistant, get a court date and appear in court. The judge hears from the victim first.

What is needed for a restraining order in NJ?

Also, to qualify for a temporary restraining order, the abuser must have done something that meets the definition of at least one the following crimes: harassment, assault, terroristic threats, criminal mischief, kidnapping, burglary, sexual assault, criminal sexual contact, false imprisonment, criminal restraint, ...

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.

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.

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...

Appealing an Order of Protection

If you agreed to an order of protection or one has been issued against you, you may be able to appeal. However, you must file for an appeal from the Tennessee General Sessions Court within 10 days of the order. Failure to do so will make the order final.

Key Takeaways Regarding Orders of Protection Matters

If you may be subject to an order of protection, here are a couple of things to keep in mind:

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.

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 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.

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.

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.

Do lawyers handle different types of cases?

There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.

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 ...

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.

Can a temporary protection order be granted without notice?

A temporary protection order can be granted without notice to the adverse party. However, the court can require a hearing before deciding whether to grant a temporary order. An extended protection order cannot be granted without notice to the adverse party and a hearing.

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.

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.

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.