what type of lawyer do i need to fight protective 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. Function A restraining order is a tool used by the court to keep people away from certain places or certain people.

Full Answer

Do I need a lawyer for a protective order against me?

Jul 16, 2020 · 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 …

How to fight an order of protection against a man?

Feb 23, 2010 · If you can live with the PPO existing against you then you really don't have to do anything. However, if you feel you cannot then while you can obviously represent yourself, you should strongly consider retaining an attorney a.s.a.p., (the time for filing objections to PPO's is not very long), and get an objection to the PPO filed.

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.

Do I need an attorney to fight a child support order?

Jan 14, 2020 · Contact Scott M. Brown & Associates For Your Best Defense Against an Order of Protection! If you’re defending yourself against a restraining order, you need a great attorney on your side. We know how to help you navigate protective orders, no matter how messy the situation may be. If you need to speak with an attorney about your options Scott M. Brown & …

How do you fight a protective order in Texas?

If you believe that a protective order was issued against you unfairly, you can argue to have the order dissolved altogether. You will need to file a motion in court, and you will be assigned a court hearing date to present your defense. You can also request to modify the order.May 14, 2020

How do I drop a protective order in Indiana?

The court will dismiss an Order of Protection if the person who asked for the order wants it to be dismissed. You need to make a written or oral request to the court to ask the court to dismiss the Order of Protection....When can you get an Order of Protection?Domestic or family violence;A sexual offense; OR.Stalking.Aug 20, 2018

How do you beat an order of protection?

To get the order terminated, you need to file a motion. Once you've filed the motion, a hearing is held within a week. During this period, it's critical to avoid violating the restraining order as this could worsen your case in court. Make sure to obey the order until it has been lifted.

Can you appeal a protection order?

Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.

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:

Mark C Blair

If you are under investigation for inappropriate touching of your girlfriend's daughter I strongly urge you to retain competent legal counsel to assist you in responding to that investigation.#N#As for the protection order hearing, I can tell you that if CPS is insisting that your...

Edward Jerome Blum

I don't practice in WA. It depends (like the other lawyer said) if you can live with the order. BEWARE: Some protective orders (called CLETS orders in California) can have negative employment implications.#N#Edward J. Blum

Ronald S. Pichlik

If you can live with the PPO existing against you then you really don't have to do anything. However, if you feel you cannot then while you can obviously represent yourself, you should strongly consider retaining an attorney a.s.a.p., (the time for filing objections to PPO's is not very long), and get an objection to the PPO filed.

What are the rights of a person who is subject to 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.) 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.

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 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

Can a court issue a restraining order?

Courts also can issue restraining orders in civil matters—for instance, prohibiting a person from contacting a non-family member or intimate partner or from going to a certain business or professional office. This article addresses restraining orders and orders of protection in domestic relationships, and focuses on the nature ...

Is a restraining order a serious matter?

Restraining Orders are Serious Matters. If you are the subject of a restraining order, understand that it is a very serious matter that deserves your prompt attention. You do, however, have important rights. If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because ...

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 ...

Is the internet secure?

The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Courts have the authority to issue restraining orders (also referred to as orders of protection) ...

What Does a Protective Order Do?

A protective order is a court order issued by a state court that places certain conditions on the subject of the order. It’s most commonly filed in cases of domestic violence, domestic abuse, stalking, harassment, or neighborly disputes that get out of hand.

What You Should Do

If you are the subject of a protective order (that is, an order of protection is filed against you) you first need to understand that protective orders are serious business. Judges do not grant protective orders lightly.

What You Should NOT Do

Protective orders are granted to prevent harm. Or, put another way, they’re granted to prevent you from committing harm against someone’s person or property. A judge will only grant such an order if they feel that there is a real risk of harm.

The Process

In most cases, the petitioner applies directly to a judge to request a restraining order. The petitioner must convince the judge that the protective order is necessary to prevent imminent or continuing harm.

Contact Scott M. Brown & Associates For Your Best Defense Against an Order of Protection!

If you’re defending yourself against a restraining order, you need a great attorney on your side.

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.

What is good cause in criminal law?

Good cause, referred to in some states as "sufficient evidence," or "reasonable cause," is the lower evidentiary standard. Think of this standard of proof as something more than the probable cause needed to make an arrest, but less than the preponderance of the evidence standard.

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 a CPO?

A Civil Protection Order (CPO) is what most people are talking about when they say "restraining order.". Broadly, there are two types of CPOs. In jurisdictions where allowed by statute, an Emergency Protection Order (EPO) is granted by a policeman or magistrate against someone arrested for domestic violence.

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 is the preponderance of evidence?

Preponderance of the evidence is the evidentiary standard most commonly used in civil cases. Think of the preponderance standard in terms of percentages.

How long does a TPO last?

Other jurisdictions mandate longer or shorter periods of time, such as six months, two years, three years, and five years .

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...

What to do if you have a restraining order?

If you've had any type restraining order filed against you, it's essential that you hire a criminal attorney to defend you in court. Even if you are innocent of all charges, you may still face serious consequences if you don't have a thorough and solid defense.

What is a temporary restraining order?

It involves a situation which may be extremely dangerous such as a threat of violence or actual physical harm. The Court will balance the intrusion and impact a temporary restraining order has for the accused against the need for the petitioner to have legal and police protection.

What is the preponderance of evidence?

The level of proof necessary at this type of hearing is called “Preponderance of Evidence.”. The preponderance standard is used in domestic violence restraining order cases because of the close nature of the relationships involved. A good way to look at this level of proof is a fact alleged is more likely than not to have occurred.

Can you file a temporary restraining order in California?

The court papers required for a temporary restraining order in California can be filed by any individual. In San Diego and many courts in California, temporary restraining order requests are handled the same day they are filed. A Judge in each courthouse is assigned to review every restraining order request submitted that day.

What is relevant evidence?

Relevant evidence can include witness testimony, police or medical reports, and written communication. You must attempt to demonstrate that the plaintiff is not actually in need of protection from you. Attend the hearing and present your case clearly, accurately, and descriptively to the judge.

Where is Rebecca Rogge?

Information is also often made available on the state or county's District Attorney, sheriff, or court websites. Based in northern Virginia, Rebecca Rogge has been writing since 2005. She holds a bachelor's degree in journalism from Patrick Henry College and has experience in teaching, cleaning and home decor.

Can you violate a temporary protection order?

Do not violate any portion of a temporary protection order. Usually the first time a respondent hears about a protection order against him is when it is served on him by a professional server or law enforcement; the order is not enforceable or effective until he has been properly served.