how much is a restraining order attorney

Full Answer

How many restraining orders result in arrest?

Unfortunately, one study found that only 44% of restraining order violations resulted in arrest. Surprisingly, it was also found that the more violations the individual had, the less likely an arrest would be made.

What happens when you put someone on a restraining order?

When an abuser is placed on an restraining order, it's not as if they are physically restrained or placed into confinement. They are simply told to stay away from the victim or to refrain from a particular action. Naturally, restraining orders are going to be violated and at times be ineffective.

What are the consequences of a restraining order?

Consequences for restraining order violations can range from fines to misdemeanor charges to felony-level charges. Researchers believe that jail time or other serious consequences should be considered to keep the abuser from violating in the future. Domestic violence was not a criminal offense until the mid-1990s.

Why is it difficult to come up with the funds to file for an order?

It can be difficult to come up with the funds to file for an order and financial reasons could be the only reason why a victim continues to experience abuse. Violating Restraining Orders. If an abuser violates a restraining order and is arrested, judges choose the consequences.

Why are restraining orders not effective?

Restraining orders can be useful and in most cases effective. However, some argue that restraining orders are not effective because they are only a piece of paper.

How long does a domestic violence order last?

However, these emergency protective orders are only short-term remedies, but they are typically free. Depending on the state, they may last only last 5-7 days, until the court can hold a hearing, or for some other short-term period of time. Then, the victim may receive a temporary restraining order or a permanent one.

What happens if a restraining order is violated?

It's also understood that if the order is violated, legal action will be taken. However, this isn't always the case. Unfortunately, one study found that only 44% of restraining order violations resulted in arrest.

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

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 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.

What is a Restraining Order in Pennsylvania?

A restraining order is a legally-binding protective order a court issues, which provides protection or relief to a victim. Restraining orders outline the conditions of the order both parties must follow and the consequences for breaking the order.

Different Petitions to File for a Restraining Order in Pennsylvania

Every restraining order has a different timeline depending on the situation. Three types of petitions include: emergency, temporary, and final protection orders.

How to Get a Restraining Order in Pennsylvania

The first step is to file a petition in a court within the jurisdiction of the abuse or harassment. Pennsylvania does not have a filing fee when petitioning for a protection from abuse order. A filer will fill out paperwork and provide identification. Victims may also have to sign forms before a notary or judge.

Modifying or Extending Restraining Orders

Victims can file a petition with the court to modify their order of protection, and the court will notify the defendant to schedule a hearing to discuss the petition. Similarly, abusers can also file a petition for modification. A judge can modify the order of protection if there is a significant change in circumstances.

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Who can file for a restraining order?

Anyone can request that a court issue an order restraining a person from activities of potentially harmful behavior , but only those orders issue d to prevent domestic abuse, dating violence, or stalking are included in the Louisiana Protective Order Registry.

What is a restraining order in Louisiana?

A restraining order is a particular type of protective order; it is a temporary civil court order of protection. It prohibits someone from carrying out a particular action, like approaching or contacting a specific person. Louisiana statutes outline situation eligible for requesting restraining orders:

What is an emergency temporary restraining order?

Emergency Temporary Restraining Orders: An emergency temporary restraining order is filed during an emergency and outside regular court hours. If the court grants an emergency temporary restraining order, it provides immediate protection from an abuser. You must go to court and request a temporary restraining order or a protective order on ...

How long does a protective order last?

Long-term Protective Orders: After a hearing, a court can issue a protective order that lasts up to 18 months unless otherwise stated. However, some parts of the order last indefinitely, specifically the section saying the abuser should not “abuse, harass, or interfere with the petitioner or his/her employment; should not go near the residence or place of employment of the petitioner, the minor children, or any person on whose behalf the petition was filed.”

What to do when someone violates a protective order?

The best thing to do when a person violates a protective order is to call 911 and inform the authorities of the violation immediately. If the police do not arrest him, be sure a police report is filled out. You need to document all the information about the occurrence, the name of the officer, the report number, date, and time of the offense.

Who can file a protective order?

A protective order can be filed by a person who’s being stalked by a stranger or acquaintance under La. R.S. 46:2171, et seq.

Can a child custody order be adjusted?

Domestic violence during child custody is taken very seriously by the courts. The child custody order may be temporarily adjusted and re-evaluated after conditions set by the court have been met, and the restraining order is removed.