If you are a victim of a restraining order violation, it is a good idea to find a family law attorney to help. However, if the aggressor does any harm to you (physical abuse, etc.), report it to the police immediately, and then notify your attorney.
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.
If the plaintiff is not present, the restraining order will probably be denied, but if the respondent does not appear, the restraining order will probably be automatically granted. Both the plaintiff and the respondent may also have attorneys present.
Restraining Orders are Serious Matters. Instead, you should get information about your rights and options, consult with a lawyer, and participate in the court process. Once a restraining order is entered, you can be charged with a crime if the protected party accuses you of violating the order.
You can count on Attorney McAllister to provide caring support to you and answer any questions that you might have as you pursue your restraining order. Bay Area Family Law Attorney Lucy S. McAllister has a history of helping clients protect themselves through the use of restraining orders.
Inputs from a trained legal mind come in handy at every phase of obtaining a restraining order. Anyone who is seeking a restraining order has to start by filing the court forms. The court forms are meant to inform the judge, in clearest possible terms, what type of an order one needs and the reasons one needs it for. Since the types of order issued depends much on who it is sought against and on what grounds, it is important that the petitioner gets proper legal advice. Boilerplate instructions on how to fill a form are not enough. An attorney must veto the decisions from the very beginning so that the claim does not suffer a blow later.
A victim of any age who has been the victim of any of the following acts can file for a restraining order: assault, burglary, criminal mischief, criminal trespass, sexual contact of a criminal nature, false imprisonment, harassment, homicide, kidnapping, lewdness, sexual assault or stalking.
Finally, on the day of the hearing, both parties need to appear in court. It is always prudent to present through a lawyer since it removes the scope of a confrontation between the two parties. With both sides representing their side of the story, it will be incumbent upon the judge to decide whether the temporary order needs to be turned into a permanent one. Parties represented by a learned attorney who knows what points to raise to legally convince the judge. Thus, they always enjoy a competitive edge over the other party involved.
Each side has the right to have counsel at the hearing. Your lawyer will examine you and cross examine the other party and any witnesses the other party brings to court. The temporary restraining order is based on the written documents alone, but the permanent injunction is only granted after a hearing. If you definitely want to win, you should have a lawyer with you. You are emotionally involved, and will be charged...
The temporary restraining order is based on the written documents alone, but the permanent injunction is only granted after a hearing. If you definitely want to win, you should have a lawyer with you. You are emotionally involved, and will be charged... 0 found this answer helpful. found this helpful.
To get a Restraining Order, you must prove to the Court at the hearing that you have been a victim of harassment, first degree, harassment, second degree, or stalking by the Defendant. The judge will decide whether to grant you a Restraining Order at the end of the hearing.
At the end of a Restraining Order hearing, the Court will either order you or the Defendant to pay the $55 fee for filing a Restraining Order. If you are granted a Restraining Order, the Defendant will have to pay the fee. If you are not granted a Restraining Order, you will have to pay the fee.
If granted by the Court, a Restraining Order can order a Defendant: 1 not to abuse, threaten or bother (in a bad way) you or certain members of your family, 2 to stay away from your home, work, school, and other places you often go, and 3 not to contact you.
The hearing is the chance for you and the Defendant to tell the Court your side of the story. If you and the Defendant are both at Court on the hearing day, the Court might ask if you can agree on a Restraining Order. If you do not agree, then the Court will hold a hearing.
damaging your property, or. repeatedly contacting you after you have told the person not to contact you or after you have filed a police report. There must be a pattern of the Defendant acting in this way, which means the Defendant must have done something like this to you two or more times.
(A) “Harassment in the first degree” means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress.
There must be a pattern of the Defendant acting in this way, which means the Defendant must have done something like this to you two or more times. The Defendant’s actions also must be intentional (on purpose), unreasonable, and “serve no legitimate purpose.”.
A Restraining Order, also known as an Order of Protection, is a civil order issued by a court that is designed to protect you from being harmed, abused or harassed by an abuser. It can also keep an abuser from the scene of domestic violence, which may include your home or where you work.
Once filed, a restraining order is effective upon completion of the judge?s signature and lasts until the court date, which usually occurs a few weeks from the filing date.
In most states you have at least a year after any incident to file criminal charges. If the abuser is found guilty of the charges, the court can impose punishment in the form of fines, probation, or even jail. If you would like assistance in filing an Order of Protection, please contact the Law Office of Barbara Sherer.
During this second appearance, both parties will have an opportunity to explain each side to the judge. It is highly recommended that you bring a lawyer to this hearing, as the judge will determine if you receive ...
The police will arrest an abuser who violates any part of the order in place to protect you from threats or harm. By carrying your order with you at all times, it will be easier for the police to validate the order and understand your current situation.
Separated or divorced from the person who hurt you; Related to the person who hurt you (that is, a parent, stepparent, child, aunt, uncle, grandparent, cousin, or someone with whom you have a child, or someone with whom you say you have a child); Dating (or formerly dated) the person who hurt you; Engaged to (or formerly engaged to) ...
The person who is requesting the restraining order must attend the initial hearing, even though the abuser may not yet have notice of the proceeding . You will appear before a judge on an assigned court date, or the same day you file the Petition depending on the jurisdiction, and you will have the opportunity to outline your situation to ...
If you don't fight it, then that person will have the ability to call the police if there is any violation of the order.
Significance. Having a restraining order issued against you basically gives you a criminal record. Also the person or place that has the order against you can use it make your life difficult. Often people that want the protection use the restraining order to harass the other person.
A restraining order is a tool used by the court to keep people away from certain places or certain people. It is most often issued when a person feels in danger or threatened by another. Restraining orders are also used by companies to keep a person away that has committed a crime on their premises.
If there is a possibility of working something out without the courts involvement, it might be in your best interest to do so. Settling things out of court is always more advantageous than wasting the time and expensive of going to court.
The respondent will be given the chance to argue against the restraining order. After hearing evidence, the plaintiff also will be given the opportunity to express any conditions she desires be included in the restraining order.
Ex Parte Hearing. The first hearing to take place in restraining order cases is often an ex parte hearing, where the judge hears the plaintiff's side of the story and decides whether or not to issue a temporary restraining order to protect her until the full hearing.
Usually there are two hearings in restraining order cases. A judge typically gives an immediate hearing to the plaintiff, reviewing the paperwork, setting a date for the full hearing and determining whether a temporary restraining order is needed. At a later hearing, both the plaintiff and the respondent have the opportunity to present their case.
Definition of a Petitioner and Respondent in a Legal Document. How to Obtain a Restraining Order in Pennsylvania. Restraining orders are issued by the court to protect victims from further abuse, harassment or stalking. Usually there are two hearings in restraining order cases. A judge typically gives an immediate hearing to the plaintiff, ...
A restraining order hearing works like a trial, without a jury. The plaintiff and defendant both appear before a judge and provide testimony under oath. The judge rules based on the evidence presented.
The full hearing is when the judge will determine whether to issue a permanent restraining order against the respondent. Although this is the first time the respondent will be given the opportunity to present evidence that a restraining order is unwarranted, the plaintiff will also be able to present her side of the case more fully. Practicing telling your story to a friend can be one of the most effective ways to prepare for the full hearing, as it will be important that you present your case carefully and clearly to the judge.
If the plaintiff is not present, the restraining order will probably be denied, but if the respondent does not appear, the restraining order will probably be automatically granted. Both the plaintiff and the respondent may also have attorneys present.
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 ...
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.
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.
When one person in a relationship becomes physically or mentally abusive towards the other, many things can happen. Injuries, illnesses, and even death can result from exposure ...
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.