how to gtet a restraining attorney

Steps to Get a Restraining Order.

• Go to courthouse.
• Fill out form.
• A hearing officer or judge will decide whether to grant the restraining order.
• If granted, the officer or judge will provide you and the defendant a copy of the order.

Full Answer

Can I get a restraining order to protect myself?

Depending on your situation and your state's laws, you may be able to obtain one or more restraining orders to help protect you. In addition to domestic violence protection orders, most states have restraining orders to prevent further harassment or stalking. Workplace violence restraining orders may also be available in a handful of states.

How do I get a restraining order for domestic violence?

Your safety and your family's safety are paramount, so it's important to keep your guard up even if you have a restraining order. If you need help in requesting a restraining order or need additional services, try contacting a victim's advocate or nonprofit organization that assists domestic violence victims.

What happens if the defendant is opposed to lifting a restraining order?

If the defendant is opposed to lifting the restraining order, the motion will state the reasons why it should be lifted, such as stating that the restraining order is no longer necessary due to a change in circumstances.

Can a partner get a restraining order in a custody case?

A romantic partner may want to end the relationship and not want the other partner to lay claim on the residence or belongings in it. A couple embroiled in a child custody dispute may try to get a restraining order in order to get leverage in the case.

What happens after a motion is filed?

Normally, there will be a hearing after the motion is filed and a judge will determine whether or not to lift or change the order. The victim and defendant are usually present at the hearing and may present testimony. In criminal cases, a prosecutor may conduct a cross examination on the victim.

What happens if you oppose lifting a restraining order?

If the defendant is opposed to lifting the restraining order, the motion will state the reasons why it should be lifted, such as stating that the restraining order is no longer necessary due to a change in circumstances. Normally, there will be a hearing after the motion is filed and a judge will determine whether or not to lift or change the order.

What are the penalties for violating a restraining order?

These penalties can include jail time, payment of fines or probation. In some states, each instance of contact can provide grounds for a separate charge, so if the defendant violated the order five times, ...

Why do we need a restraining order?

Restraining orders are issued in cases involving cases involving domestic violence and cases in which the judge believes that it is necessary to issue a res training order in order to protect someone from another. However, situations sometimes arise in which a restraining order is not appropriate, such as when it is taken out against an innocent ...

Can a restraining order be used against a child?

Additionally, restraining orders can be problematic in cases where the defendant and victim share children. In many cases, the restraining order only pertains to the victim and not the children, so the other parent must make arrangements regarding the children to have someone else pick them up and drop them off.

Can a defendant lose a bond if a restraining order is issued?

Additionally, if a defendant is already facing charges in connection with why the restraining order was issued, he or she can lose the bond on which he or she was released. This can cause the person to be incarcerated until the conclusion of the underlying case.

Is a restraining order still valid?

Even if the parties no longer desire the restraining order to be in effect , the restraining order is still valid and enforceable while in effect. In order to remove it, the restraining order must be lifted by the court.