what type of lawyer helps in restraining orders

Full Answer

Do you need an attorney 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 kind of lawyer do you need to fight a restraining 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. A restraining order is a tool used by the court to keep people away from certain places or certain people.

How long does it take to be served restraining order?

The sheriff’s office must then serve the order to the harasser and file proof of service with the court clerk within 14 days of the date that the harassment protection order was issued. 1 Note: In order for the papers to be served upon (legally given to) the harasser, the sheriff will go to the harasser’s home, work, or other place s/he can ...

How to remove a restraining order without an attorney?

• The names of the parties;
• The date that the restraining order was entered by the court; and
• Any reasons for lifting or removing the restraining order.

3 attorney answers

What type of protective order is in place? Is the protective order a criminal protective order (issued in criminal court), a domestic violence restraining order (family law court), or a civil harassment restraining order (civil court)? I would venture to guess that you either have a criminal protective order or a domestic violence restraining order because a civil harassment restraining order would not apply to you in this situation..

Tristan Yohan Jagroop

Sounds like a criminal protective order. This is under the exclusive jurisdiction of the criminal court and the district attorney. You really do not have any control over it being in place or removed. A consultation with a criminal defense attorney would be the most useful to see if you have any options.

Erin Alexandra Campbell

Restraining orders are generally of three types: 1) criminal; 2) family; or 3) civil. A good portion of the restraining orders typically come from the first two groups. The attorneys generally more likely to assist in these matters are criminal defense attorneys or family law attorneys. Best wishes.

How a Lawyer who Specializes in Restraining Orders can Help You

Every year, between two to three million restraining orders are issued annually throughout the United States.

Monique Bolsajian

Monique studied Global Studies and English Literature at UC Santa Barbara and is currently pursuing a career in public policy.

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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

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.

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 ...

Who must properly dispute the justification for making the TRO permanent?

The respondent must properly dispute the justification for making the TRO permanent.

What is TRO in court?

The TRO includes preventing conduct by the respondent, ordering the respondent to stay away from the petitioner, the petitioner’s family, home, work and school, and other miscellaneous orders as the judge deems appropriate.

How long does a TRO stay in court?

The experienced trial lawyer also relies on the laws of Civil Procedure and Evidence Practice to convince the judge to dismiss the TRO, or to make it permanent for up to five years, as the client requests.

Why do people need restraining orders?

Dependent Adult or Elder Abuse Order: Some adults, because of age and/or mental or physical incapacity, might be at risk of abuse. A restraining order can be obtained on their behalf to protect them against potential abusers.

What is a restraining order for a workplace?

Workplace Violence Protection Order: Several states allow an employer to ask the court for a restraining order to protect their employees from harassment, violence, or threats of violence in the workplace.

How Long Do Restraining Orders 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.

How are Restraining Orders Enforced?

It is important to always have a copy of your restraining order with you at all times. Everyone protected by the order should have copies of the order. A copy should be kept in a safe place and on file with your local police department.

Can You Contest a 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.

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What is a civil harassment order?

Civil Harassment Order: When victims need protection from people who are not family members, the type of restraining order is a civil harassment order. In these cases the abuser is usually a friend, acquaintance, or stranger.

What is a restraining order?

Updated: Jun 19th, 2020. Restraining orders, often also called protection orders, are orders issued by judges that tell people to do or not do certain things. They can be used in non-criminal situations, such as telling property owners to stop activities that constitute a public nuisance and directing parties in a civil lawsuit to leave each other ...

How Are Restraining Orders Issued?

In a typical situation, a victim or would-be victim of annoying and potential criminal activity applies to a judge for an order directing the aggressor to do a specific act, back off, or stay away. In federal courts, the object of the order is not necessarily entitled to notice of the application; in state courts, notice is typically required, though the time period may be quite short and it may be dispensed with altogether in a domestic violence situation.

Why do judges use protective orders?

In a criminal context, judges use restraining or protective orders to prohibit abusive spouses or partners from contacting or harming the other spouse or partner, and to keep stalkers or harassers at bay. This article focuses on the use of such orders in a criminal context.

How to get a protective order for stalking?

If you are the victim of stalking or domestic violence and need a protective order, you can apply directly to the prosecuting attorney in your area (often also called the “district attorney”). You might also be able to get help from a legal aid or pro bono (for free) entity or organization. You can also work with a private lawyer, who can bring the matter to the attention of the authorities on your behalf and otherwise help. You might ask whoever you work with:

When can a judge issue an order in Arizona?

In Arizona, a judge may issue an order not only when an act of domestic violence has occurred, but when one “may occur.” (Ariz. Rev. Stat. § 13-3602 (E) (1).)

Who enforces a stalker order?

An order directed at a domestic abuser or stalker is enforced by the police . Many statutes say that the police “shall” enforce the order, by arresting the violator. Sadly, however, police departments consistently fail to take requests for enforcement seriously, sometimes resulting in tragedy.

Can you get a restraining order for a domestic violence case?

Depending on your situation and your state's laws , you may be able to obtain one or more types of restraining order to help protect you, including domestic violence protection orders, anti-harassment or anti-stalking restraining orders, workplace violence restraining orders, and restraining orders to prevent gun violence (under " red flag laws ").

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 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.

How to get a restraining order against someone?

A civil harassment restraining order can be requested by someone by filling out the proper forms in Court and asking a Judge to issue a restraining order against someone they believe is harassing them. Once the Judge reviews the documents and proofs submitted to the Court, they will schedule a hearing where the parties can testify and present witnesses. If you are requesting the restraining order, you must also serve the other party with the request for the restraining order so that they are aware of your request and informed of the hearing date where they can come contest it if they chose to. If they do not show up, the Judge will likely grant your request for a restraining order. A civil restraining order can be temporary or permanent. It can last from just a few weeks to up to 5 years.

How can I get a criminal restraining order?

In order to get a criminal restraining order, a crime must have occurred and you must report that crime to the police so they can do a criminal investigation, write a police report, and forward that information to the District Attorney to decide if they are going to prosecute the other party.

What would the restraining order say?

It would say pretty much the same thing a criminal restraining order would say.

How long would a civil restraining order last?

A temporary civil restraining order can last for just a few weeks. A permanent civil restraining order can last up to 5 years.

What is a domestic violence restraining order?

Domestic Violence Restraining Order: Protects individuals from family members, spouse or former spouse, parties that have a child together, or parties that have a current or past dating relationship. Civil Harassment Restraining Order: Protects individuals from abuse, threats of abuse, stalking, sexual assault, ...

What is an elder abuse restraining order?

Elder and Dependent Adult Abuse Restraining Order: Protects elders and dependent adults from physical and financial abuse, neglect, isolation, abduction, harm, or deprivation by a caregiver.

What happens if you don't show up for a restraining order?

If they do not show up, the Judge will likely grant your request for a restraining order.