what type of lawyer for restraining order

Do you need an attorney for a restraining order?

If you think you need to obtain a restraining order, or have been served with a temporary restraining order, you should reach out to a criminal attorney or family law attorney. You should have legal representation at the hearing where the court will decide whether or not to issue a permanent restraining order.

What kind of lawyer do you need to fight 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.

How long does it take to be served restraining order?

Permanent Restraining Orders (PRO) The court will schedule a hearing within 21 days to allow the protected party to present evidence supporting the need for a permanent restraining order, which is the second stage in the process of requesting a restraining order in the Bay Area and throughout California. Ms. McAllister and her staff works with ...

How to remove a restraining order without an attorney?

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What is a restraining order?

Restraining orders (which may also be known as “protective orders”) are orders issued by a court to protect people, businesses, or the general public from harm in situations where there is an allegation of domestic violence, stalking, harassment, assault, or sexual assault. The restraining orders give the court the power to order a person ...

What happens when police arrive to arrest someone for violating a restraining order?

When the police arrive, show them the restraining order. It is a crime to disobey any court order and the police can arrest the abuser for violating the order. There will be a court hearing to determine whether the order was violated, and if so, what the punishment will be. The court may impose civil and/or criminal penalties.

How long does a domestic violence restraining order last in Texas?

For example, in Texas, a domestic violence restraining order can only last for two years. However the court can issue an order for longer if certain facts exist. Such as the abuser caused bodily injury or committed a felony against the victim or another member of the family or household.

How long does a restraining order last?

Restraining orders that are issued before the court has the opportunity to review the facts will only last for a few days or weeks. Generally the order will not expire until the court has a hearing. At the hearing the court will hear ...

What happens if you violate a restraining order?

Violating a restraining order in place to protect a business or building may result in civil penalties, like a monetary fine. Violating a restraining order that protects a person or people from violence, stalking, or harassment can lead to civil and/or criminal penalties.

How long does an EPO last?

An EPO is effective immediately and usually lasts no longer that a week. In that time the person can file for a long term order.

How to contest a temporary restraining order?

If you are served with a temporary restraining order it is important to comply with the order. You will have the opportunity to contest a permanent order at the hearing. Gather evidence related to the incident or incidents that led to the order. Contact witnesses that might have relevant information.

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

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.

How long does it take to get a restraining order in California?

The court will schedule a hearing within 21 days to allow the protected party to present evidence supporting the need for a permanent restraining order, which is the second stage in the process of requesting a restraining order in the Bay Area and throughout California.

What is a protective order in a domestic violence case?

This form of protective order is intended to protect the complaining witness (domestic violence victim) from intimidation.

What is an emergency protective order?

These emergency protective orders are granted to protect a victim from child abuse, acts of violence in the workplace, domestic violence, civil harassment, abduction of a child, stalking, elder abuse (nursing home abuse). These orders are intended to protect a victim for a period of short duration to provide time to file for appropriate restraining ...