filing a restraining order when you are a power of attorney

A Power of Attorney does not give someone the ability to file for a Harassment Restraining Order for another adult. The Respondent could be any adult (s) or juvenile (s) alleged to have engaged in harassment, OR an organization alleged to have sponsored or promoted harassment.

Full Answer

Can I get a restraining order without a power of attorney?

Jan 19, 2011 · It really depends upon the language in the power of attorney. If it is broadly drafted some POAs give all powers that a person could do individually. So she may have this power to bring this action. Without seeing the document, no one at this forum can give you a definitive answer. Hope this helps.

Why should I consult a lawyer before filling out a restraining order?

Jan 09, 2015 · Reveal number. tel: (810) 234-7959. Private message. Call. Message. Posted on Jan 9, 2015. Not with a Power of Attorney. If the individual is disabled or elderly, you can petition the court for appointment as the individual's guardian ad litem, which will give you standing to file for a restraining order under the Elderly Persons and Persons ...

How do I file a restraining order in Florida?

May 09, 2016 · You might also not need an attorney. Contact your local police or county government and ask how to get a restraining order. When I got one for my parents, we met with a volunteer attorney in the PPO (Personal Protection Order) office, completed a Petition, to which I attached the list of justifications I prepared as grounds for a PPO).

What are my rights if I get a restraining order?

Filing a restraining order, however, may be a stressful step for some to take on their own. Having a lawyer help you file a restraining order can offer you an extra layer of protection and support while you go through this difficult time. An attorney will help you fill out the necessary court forms, answer any questions you may have, and be a strong resource to have if the other …

Can you get a restraining order for harassment?

The court can make an order or injunction that the person harassing you must stop their behaviour. If they don't stop harassing you after the court has made an injunction against them, it's a criminal offence and they can be prosecuted in the criminal courts.

What are grounds for a restraining order in NY?

Orders of protection are issued by a judge to protect you from another person who is abusing, harassing, threatening, and/or intimidating you, or has committed a crime against you. Orders of protection are commonly issued in cases involving domestic violence, but may also be issued under other circumstances.

How much does a restraining order cost in NYC?

It does not cost anything to file for an order of protection. Many orders of protection cases are handled without a lawyer however it can often be helpful to have one represent you in court.Dec 31, 2021

How are restraining orders enforced?

If a party infringes a restraining order, there will need to be a court hearing. Consequently, the victim will likely have to provide proof of a breach. The judge will then evaluate the evidence and conclude whether defiance occurred or not and whether any sanctions will be imposed.Jun 11, 2020

What is a stay away order in NY?

A stay away Order of Protection orders the offender to stay away from you, the protected party and from your place of residence, business, employment, and/or school. It may also order the offender to not have any communication with you via mail, telephone, e-mail, voicemail or any other electronic means.

How long does a restraining order last in NY?

5 yearsA final order of protection may last up to 5 years, depending on the facts of your specific case. Usually the order will be granted for up to 2 years but if the judge determines that one or more “aggravating circumstances” exist, you can request that your order last for up to 5 years.Dec 31, 2021

How do I obtain a restraining order against someone?

Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.Jan 29, 2021

How long does a restraining order last?

If the court does not deny the restraining order, a typical order lasts anywhere from three to five years. The exact duration will be indicated in the order. If the defendant violates the order, it can be extended.Mar 29, 2021

How can I get around a no contact order?

If you want to get back together, or even just talk to the other person or see them, you can: ask the court to change the order. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order.

How can you prove harassment?

Proving harassment to secure a convictionthe defendant has pursued a course of conduct.the course of conduct amounted to harassment of another person.the defendant knew or ought to have known that the course of conduct amounted to harassment.

How much does a restraining order cost?

How much does it cost to apply for a restraining order? It doesn't cost you anything – there's no application fee for filing a restraining order in the District Court. However, if you use a lawyer, you'll need to pay the lawyer's fees.

Is a restraining order a conviction?

Following the implementation of section 12 of the DVCVA 2004, restraining orders may be made on conviction or acquittal for any criminal offence. ... Restraining orders are civil behaviour orders and therefore the standard of proof is a civil one (R v Major [2010] EWCA Crim 3016).

Michael Joseph Kotarski

Why not call protective services in your area and ask them if they can assist you, they may be able to seek the relief you want short of a Guardianship. Maybe also go to court house and ask the people in charge of restraining orders if you can get an informal PPO. Personal Protection Order.

Rachele R Selvig

Not with a Power of Attorney. If the individual is disabled or elderly, you can petition the court for appointment as the individual's guardian ad litem, which will give you standing to file for a restraining order under the Elderly Persons and Persons with Disabilities Abuse Prevention Act.

What is law regarding Filing Restraining Orders?

Restraining orders are court orders that prevent an alleged abuser from further harming or harassing a victim. A person can file a restraining order if he or she has been physically injured, abused, threatened, sexually abused, or made to feel that he or she is in danger.

Restraining Order Lawyers

If you are the victim of domestic violence, abuse, or threats, a family law attorney can help you file a restraining order against your abuser or harasser. Filing a restraining order can ensure you stop living in fear and intimidation. It will protect you, your home, and your loved ones.

Lawyer Referral Service

Contact Attorney Search Network right away if you need help filing a restraining order. You do not need to live in fear or harm's way of an abuser or harasser. We can refer you to a lawyer that will help you file a restraining order so that you get the protection and justice you deserve.

What are the requirements for a restraining order in Florida?

With several types of restraining orders in Florida, sufficient proof of threat is required for an injunction to be placed. Those who file for a restraining order must show that they have endured certain behaviors from the person they are filing against. These behaviors include, but are not limited to: 1 Assault 2 Threats 3 Kidnapping 4 Sexual Assault 5 Harassment 6 Stalking 7 Burglary 8 Destruction of property

Can a restraining order be enforced in Florida?

If you have an active restraining order from another state, it can still be enforced in Florida. According to Florida law, if an injunction meets requirements under federal law, it can be enforced in the state, whether or not it is registered with state law enforcement.

Why is it important to feel safe?

Feeling safe is an important aspect of living a normal, healthy life. We surround ourselves with people we feel most comfortable with. However, it is all too common to be in a situation where your safety might be threatened by someone close to you. In the midst of a divorce, things between a separated couple can turn ugly and, at times, violent.

What to do if you are going through a divorce in Florida?

If you are going through a divorce in Florida and feel you or your children are in danger, you may want to consult a Miami divorce lawyer to begin restraining order proceedings. But, before you file for a restraining order, there are a few things you should know. 1.

How does domestic violence happen in Florida?

Domestic violence is often triggered by separation or divorce, even if a spouse was not violent previously. According to the National Coalition Against Domestic Violence, 1 in 3 women and 1 in 4 men living in Florida have experienced physical violence from an intimate partner. If you are going through a divorce in Florida ...

How many types of restraining orders are there in Florida?

1. There are different types of restraining orders in Florida. In Florida, there are six different types of restraining orders, also known as injunctions. Four of these injunctions are reserved for those who are victims of physical or sexual violence. The other two types, injunctions for protection against stalking/cyberstalking ...

How long does a temporary injunction last?

This petition serves as the formal request for a restraining order. If the judge decides that there is an immediate threat to the petitioner, he or she will issue the temporary injunction, which will be effective no more than 15 days.

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.

Can you get a custody order in California?

For example, you cannot get a Custody Order in conjunction with a Civil Harassment Order, but you can get one with a Domestic Violence Order.

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

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 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, ...

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 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.

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 ...

Process of Filing a Restraining Order

Filing a restraining order isn’t an intimidating process. All you need to do is fill out the required paperwork (obtained at your local courthouse), have the court order served to the alleged abuser, then attend a court hearing to present proof that a restraining order is necessary.

How Can I Get My Loved One to File the TRO?

Unfortunately, unless under certain circumstances, you are unable to file a TRO for someone else. For example, if your sister was mentally or physically disabled, you can act as a representative in her place for the hearing.

Being Abused? We Can Help

If you or a loved one is a victim of domestic violence and you need legal assistance in getting a restraining order, let us help. Contact the Law Offices of Anthony Carbone today for a free consultation.

What is an injunction for protection against repeat violence?

Repeat Violence. An Injunction for Protection Against Repeat Violence may be issued if someone has committed two separate acts of violence or stalking, one being within the last six months, against you. The Injunction for Protection Against Repeat Violence is available for those individuals not covered by the domestic violence injunctions.

How long does it take to get an injunction hearing?

If either a Temporary Injunction or an Order Setting Hearing is entered, the court will schedule the hearing within 15 calendar days from the date the petition was filed.

What is a sexual battery in Florida?

Sexual battery, as defined in Florida Statutes Chapter 794. A lewd or lascivious act, as defined in Florida Statutes Chapter 800, committed upon or in the presence of a person younger than 16 years of age. Luring or enticing a child, as described in Florida Statutes Chapter 787.