what type of lawyer helps with restrainig 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 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 ...

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 ...

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 ...

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 contact the National Domestic Violence Hotline?

The National Domestic Violence Hotline provides resources for those trying to flee abuse during the COVID-19 lockdown. You can go to www.thehotline.org or call 800-799-SAFE (7233) for assistance. You can also text LOVEIS to 22522 for help.

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.

Do you have to give notice of a domestic violence order?

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.

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 ").

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 can an attorney do to help 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. During this difficult time in your life, it can be comforting to know that there is someone who is looking out for you.

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.

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 ...

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 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.

Can a restraining order be issued against another juvenile?

A restraining order can be obtained on their behalf to protect them against potential abusers.

What is a restraining order?

A restraining order is an order signed by a Judge in Court that restrains or prevents someone from contacting another individual. Contact can include physical contact, contact by phone, mail, email, text message, social media, through a third party, etc…. Any form of contact pretty much can be prohibited.

What are some examples of restraining orders?

Examples of criminal restraining orders that are issued are: 1) if you get into a fight and hurt someone else, a criminal investigation might be opened on you and criminal charges such as assault or battery filed against you.

What is the difference between a criminal restraining order and a civil restraining order?

What is the difference between a criminal restraining order and a civil restraining order? 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.

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 a restraining order? What are some examples?

Another example of a criminal restraining order is in a domestic violence case. If the police conduct a domestic violence investigation and believe you should be arrested for domestic violence charges, they will likely issue an emergency protective order immediately. Then the District Attorney will issue a domestic violence restraining order ...

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.

How long does a restraining order last?

A civil restraining order can be temporary or permanent. It can last from just a few weeks to up to 5 years. A criminal restraining order is usually issued when there is a criminal investigation. An emergency restraining order can be issued immediately by the police if they believe it is necessary.