what type of lawyer do i need for a restraining order

Full Answer

Do I need an attorney for a restraining order?

Moral of the story – based on your facts, you may not need a restraining order of protection attorney/lawyer. Nevertheless, it is always best practice to speak with an experienced lawyer before blindly walking into an unknown legal process.

What type of lawyer handle restraining order?

The domestic violence attorneys of Marshall & Taylor PLLC have helped countless individuals separate themselves and their children from an abusive family member, and we have also assisted them with obtaining restraining orders they need to feel safe and protected from their abuser.

How long do you have to serve someone a restraining order?

Restraining orders typically need to be served five court days before the hearing date. Court days are not your normal calendar days. For a court day calculator click here. You can request to have this requirement waived when you file for the restraining order.

Do you need a lawyer at a restraining order hearing?

Restraining orders are common in divorce and custody cases, if your situation revolves around these issues, a family attorney might be more helpful because they will be able to help with the other aspects of your case. If the restraining order is from a domestic violence or other type of criminal case, a criminal attorney would be more appropriate.

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 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 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.

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.

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).

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".

What happens at a restraining order hearing in California?

During the hearing, the judge will hears from both parties, and decide whether to extend the restraining order for 5 years. The judge extends a restraining order by signing form DV-130-'Restraining Order after Hearing'.

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.

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.

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.

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?

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 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 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

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 a restraining order be a permanent order?

As explained, restraining orders can happen quickly (temporary orders) and are usually followed soon by a full-blown hearing on 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. Having an experienced family law attorney on your side -- someone familiar with the law, the rules of evidence, and the sensitivities of the judge -- will greatly increase your chances of a favorable outcome.

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.

What is a restraining order?

A restraining order is an ordered decision by the judge saying that one person must follow certain conditions that the judge sets aside. If you are at the point where you don’t feel safe for you or your family, this might be one of the options you can take. You can contact your divorce lawyer and they will be able to get you the answers you need to help protect your family.

What are the different types of restraining orders?

The three other types of restraining orders are emergency protective orders, temporary restraining orders, and permanent restraining orders . Each of these have a few differences between them and the judge can always make changes to them as they see fit.

What is a no contact order?

No contact is the most used restraining order during this day and age. This type usually requires that a person stay a certain distance away from the family. This means that the person is not allowed to go into the family’s home, take a child outside of a certain jurisdiction, sell any property received in the marriage, or possess or purchase a fire arm. There are a few other restrictions that a person can’t do while they are under a restraining order.

What to do when you are in danger in an abusive relationship?

If one’s personal safety is compromised by the harmful intentions or actions of another person, one should get a restraining order against the abuser. This is considered a wise thing to do when one’s life is in danger. One should check with the state authorities what this type of order will normally contain as it will vary from state to state. Get professionals advice when thinking about do i need a lawyer for a restraining order hearing.

How long does a child custody order last?

This order will usually be valid for a specific period of time, and may expire after three years from the time it was issued . Exception will be in the cases of children for whom it will not expire until the courts decide they are safe. The safety of children is high priority and it will over rule any custody issues to protect the child.

Do abusers have to respect restraints?

For the order to be effective, it has to be enforced and the abuser must respect the restraints ruled by the court. Sadly, some abusers will break the rules without a second thought and even if they get arrested immediately, the harm is already done. So, you have to ensure your safety at all times.

Can a restraining order put someone behind bars?

It is very important to get this type of court order to protect oneself from an abusive person. However, a restraining order will in itself not be able to keep the person safe from the abuser at all times.

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...

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 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.

What is a Restraining Order and How Can it Help?

A restraining order, also known as an order of protection, is a form of court order that requires a party to do, or to refrain from doing, certain acts. In general, a restraining order can keep you and others who are in danger, such as your children, safe by requiring the person who poses a threat to you to refrain from being near you, and to stop contacting you, among other things.

Why do we need a restraining order?

In general, a restraining order can keep you and others who are in danger, such as your children, safe by requiring the person who poses a threat to you to refrain from being near you, and to stop contacting you, among other things. If you need a restraining order against someone in your life, here are ten good reasons that you should ask ...

What happens when you ask for a restraining order?

When you ask the court for a restraining order, the court will want to see evidence of the conduct that you feel is threatening to you. Your attorney can help you to organize threatening messages, texts, photos of property damage, and any other evidence of threatening behavior and present it in a compelling manner to the court.

How long does a restraining order last?

Permanent Restraining Orders (PRO) can last for five years. An experienced attorney can help you to show the court that you do in fact need a permanent restraining order in place to keep yourself and your children safe.

Why is the party who is being abused afraid to ask the person who is abusing them to stop doing so?

They may also be afraid to seek help, for fear that they will be abused even more severely once it is discovered that they are receiving assistance in getting to a safer situation.

Can you get a custody order in California?

For example, you cannot get a Custody Order in conjunction with a Civil Harassment Order, but you can get one with a Domestic Violence Order.

Can you move out of your home with a restraining order?

In some cases, you may be able to have the court require the person against whom you are seeking a restraining order move out of your home. A seasoned attorney can help you to learn more about move-out orders, and can help you to pursue one if it is appropriate for your situation.

What is the person who seeks a restraining order called?

The person seeking an order is called the “ Petitioner .” This person must make declarations under penalty of perjury about the allegations of abuse or harassment that has occurred. Whether in a domestic violence restraining order or civil restraining order, the Court requires some statements about physical, emotional or other types of abuse that has occurred.

How to obtain a permanent restraining order?

To obtain a permanent civil restraining order the Petitioner must prove their allegations to the court with “Clear and Convincing” evidence. Clear and convincing evidence goes far beyond simple declarations. Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court.

What is the Burden of Proof in a Civil Restraining Order Case?

A Civil Restraining Order covers those individuals who don’t have a qualifying relationship for a domestic violence order. These cases often involve neighbors, co-workers, business partners and sometimes strangers. Since the connection between the parties is usually far less than that of spouses or family, the Court requires a much higher standard of evidence in these cases.

What is the technical term for the proof needed for a temporary restraining order?

The level of evidence required at the temporary restraining order stage is very low. The technical term for the proof needed is “reasonable proof.”.

What is the level of proof required at a temporary restraining order hearing?

The level of proof necessary at this type of hearing is called “Preponderance of Evidence.”

How to win a domestic violence restraining order?

The best way to win in a domestic violence restraining order case is to provide strong evidence that the petitioner is not being truthful. In these types of cases, the courts tend to side with the supposed victim of domestic violence, especially if other family members are in danger.

Why is a temporary order granted with such a low threshold?

The reason why a temporary order is granted with such a low threshold is two-fold. A temporary order by nature is limited in duration. A temporary order will only last for a few weeks until a hearing for a full restraining order is held. It involves a situation which may be extremely dangerous such as a threat of violence or actual physical harm. ...