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.
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Jul 16, 2020 · Hire a lawyer who is experienced in handling orders of protection. File an appeal immediately. You can always dismiss it later. For the legal help you need defending or appealing your case, reach out to May McKinney by calling (615) 265-6383 or contacting us online. Our Nashville defense attorneys have nearly 80 years of combined experience and know how to …
Sep 27, 2010 · Hire an attorney. You have the right to have legal representation if a protective order is entered against you. It is important to have someone advocate for your rights and to hold the other party to their burden of proof. Cordell & Cordell has men’s divorce lawyers located throughout the country.
Feb 23, 2010 · 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.
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 & …
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.
If you may be subject to an order of protection, here are a couple of things to keep in mind:
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...
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
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.
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.
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.
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.
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.
If you’re defending yourself against a restraining order, you need a great attorney on your side.
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.
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.
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.
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.
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.
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.
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.
"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.
Preponderance of the evidence is the evidentiary standard most commonly used in civil cases. Think of the preponderance standard in terms of percentages.
Other jurisdictions mandate longer or shorter periods of time, such as six months, two years, three years, and five years .