what attorney handles protection order

Full Answer

How do I get a protection order?

• the judge finds that there is a “substantial risk” that the abuser may use or threaten to use a gun against you or anyone else on your order of protection ...
• the abuser has a prior conviction of a violent felony offense;
• the abuser has been convicted in the past of stalking; or

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What do you need to know about protective orders?

You can apply for a protection order if:

• You reasonably believe that you are the victim of a crime involving stalking or harassment,
• You reasonably believe that you are the victim of sexual assault,
• You are the agent of a business where the crime of harassment in the workplace has occurred, or

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Should I get a protection order?

While less common, you can still request a restraining order if, for example, your ex-spouse is in the process of moving or hiding money or depleting your assets to prevent you from acquiring your fair share. The court may issue a restraining order to prevent further action on their part. You may also obtain a restraining order during an infringement lawsuit. If another party is illegally using, selling, or manufacturing an item for which you have obtained a patent, you may ask the court for ...

How to get an order of protection?

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How do I fight a protective order in Indiana?

To fight a false restraining order and false accusations of stalking, harassment, or domestic abuse, you must appear in court. Your lawyer will file your appearance and prepare you for the hearing, which may be unpleasant.

Can you appeal a protective order in Texas?

If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.) The district court will typically not hear new evidence on an appeal.

How do I fight a TPO in Georgia?

You may be able to beat a TPO in Georgia if the full TPO hearing is not held within 30 days after the filing of the petition for temporary protective order. The TPO hearing where the petitioner must prove his or her allegations against the respondent must occur within 30 days after the filing of the petition for TPO.

Does a protection order stay on your record in South Africa?

A final protection order in South Africa remains valid until it is set aside or cancelled by court.

Does a protective order go on your record Texas?

The protective order will remain on your permanent record and could make it hard to find a job, get public housing or secure financing.

Is a protective order public record in Texas?

The statewide registry also provides limited public access to protective orders when the protected person has authorized access. This access is subject to strict confidentiality standards to protect victims of family violence, stalking, sexual assault, and human trafficking.

How do you get around a protective order?

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. You can still have an order saying that they can't abuse you, but they won't get in trouble just for contacting you or being with you.

What proof do you need for a restraining order in Georgia?

Gather What You'll NeedProof of identity, such as a valid Georgia driver's license.Information about the respondent, such as their full name, date of birth, home address, and contact information.Required forms, such as a petition for a temporary protective order. ... Evidence that is specific and clearly documented.More items...

Does a TPO go on your record in Georgia?

The TPO process is not a criminal case, but rather a civil case. As such, a TPO case will not result in an entry onto someone's criminal record, unless someone commits a crime related to violating the TPO.

Can I appeal against a protection order?

Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.

Does a protection order expire?

For how long is a protection order valid? Protection orders, once granted, never expire.

How does protection order work in South Africa?

Services | SAPS (South African Police Service) A protection order aims at preventing the reoccurrence of domestic violence or sexual harassment by stating what conduct the alleged offender must refrain from doing. As long as he/she complies with the protection order, the complainant will be safe.

What is an order of protection?

An Order of Protection is an order signed by a judge upon a Petition prohibiting you from contacting or going near another person. Orders of Protection are meant to protect victims of 1) domestic abuse, 2) stalking, or 3) sexual assault and should not be taken lightly. They have very serious legal consequences and often involve domestic assault ...

What happens if you violate an order of protection?

If the petitioner claims you violated the Order of Protection, you will be arrested. Aside from the Petitioner’s claim, no evidence is required for the police to arrest you. Finally, a violation of an Order of Protection is a class A misdemeanor and punishable by up to 11 months and 29 days in jail.

How long does an ex parte order last?

The Respondent does not get to defend themselves for Ex Parte Orders. That’s why they can only last 15 days.

How long does it take to serve a temporary order of protection?

The Respondent will be served at least five (5) days prior to the hearing date.

How long can a temporary order of protection last?

A Temporary Order of Protection can last up to, but not longer than, one (1) year. These Orders can also be extended as many times as the court sees fit but require a new hearing to be held for any subsequent one-year period.

How long can an order of protection be extended?

If, however, the Respondent is found to be in Violation the Order can be extended. On the first violation of an Order of Protection, the Order can be extended up to five (5) years. On the second violation of an Order of Protection, the Order can be extended up to ten (10) years.

How long can a court extend a protection order?

In addition, the court may extend the Order of Protection for up to five (5) years after the Respondent’s first violation of the order, and then up to ten (10) years after the Respondent’s second or subsequent violation of the order.

Why do you need a lawyer for a protection order?

Whether you have been named as the subject of a protection order or seek to obtain a protection order to protect yourself from an aggressor, you need a knowledgeable attorney to protect your rights.

What happens if a court orders protection?

If a court has issued a protection order against you, an attorney will need to examine the order to determine what restrictions the order places on your rights and whether the order was lawfully issued. A defense lawyer will also defend you against any criminal charges resulting from the violation of such an order.

What are the different types of protection orders?

Types of Protection Orders Issued by Washington Courts: 1 Domestic Violence Order of Protection: A civil order issued by a court at the request of one family member against another. 2 Restraining Order: A civil order ordinarily issued during dissolution proceedings covering various relations between parties, coverage ranges from disposition of assets and property to child custody. 3 No-Contact Order: A no-contact order is typically issued during a criminal proceeding and prohibits a defendant from contacting the alleged victim. 4 Civil Anti-harassment Protection Order: A civil order issued by a court upon a party’s request to protect the party from unlawful harassment by another party. 5 Sexual Assault Protection Order: A civil order issued by a court at the request of a person alleging to have been sexually assaulted by another.

What is a no contact order?

No-Contact Order: A no-contact order is typically issued during a criminal proceeding and prohibits a defendant from contacting the alleged victim. Civil Anti-harassment Protection Order: A civil order issued by a court upon a party’s request to protect the party from unlawful harassment by another party.

ORDERS OF PROTECTION

Nashville Lawyer Representing Clients in Order of Protection Cases Attorney Protecting You in Domestic Violence Situations Orders of protection are designed to protect individuals from the threat of or actual physical harm. In some cases, however, they can be issued prematurely with very little proof as to why the order of protection is warranted.

Order of Protection Defense

An order of protection can be granted at any time, day or night, with very little proof that one is actually needed. The rule of thumb is to grant an order of protection now and ask questions later.

Contact a Tennessee Attorney Who Handles Restraining Order Cases

If someone filed for an order of protection against you, contact us right away to speak with Nashville protection order attorney Lisa Millican Ewing. You have a limited time to challenge the order, so do not wait. We offer initial phone or office consultations.

Work With a Lawyer Who Understands Business Ownership

In high-asset divorces, an inventory of all marital assets and debts may involve the discovery of hidden assets. When necessary, we work with forensic accountants to find hidden assets. We must also complete a valuation of all personal and real property as well as financial assets.

Nashville Lawyer Representing Clients in Order of Protection Cases

Orders of protection are designed to protect individuals from the threat of or actual physical harm. In some cases, however, they can be issued prematurely with very little proof as to why the order of protection is warranted.

Order of Protection Defense

An order of protection can be granted at any time, day or night, with very little proof that one is actually needed. The rule of thumb is to grant an order of protection now and ask questions later.

Contact a Tennessee Attorney Who Handles Restraining Order Cases

If someone filed for an order of protection against you, contact us right away to speak with Nashville protection order attorney Lisa Millican Ewing. You have a limited time to challenge the order, so do not wait. We offer initial phone or office consultations.

Why do I need a restraining order?

In cases like these and hundreds of others, a restraining order may be the key to your safety and peace of mind.

How to get a temporary restraining order?

If you're doing this on your own, you'll start with the form needed for a temporary restraining order—one that can be granted on the spot, sometimes without needing to give the aggressor (the defendant) notice. You can get the forms at your local courthouse, and they're often found online. Many shelters and domestic abuse prevention organizations also have the forms. Once you have the forms, the process goes like this: 1 Complete the forms, describing the abusive or harassing behavior in as much detail as possible. 2 Take your forms, your ID and identifying information about the person you seek protection from to your local courthouse (or the courthouse in your city that has been designated as the place where such matters are heard). 3 The court clerk takes your forms and information to a judge, who decides if a temporary restraining order is needed until a hearing on your application. 4 The court will set a date for the hearing for the permanent restraining order. 5 You'll need to give the defendant notice of the hearing, by arranging for service of process on the defendant, including the location, date, and time of the hearing. 6 At the hearing, you'll provide evidence of the abuse or harassment, and substantiate your need for protection. 7 The judge will decide whether to issue the permanent restraining order, usually that same day.

What happens if you don't follow a restraining order?

Also leave a copy of the order with a responsible person anywhere that the defendant is directed to avoid, such as your workplace and your children's school or daycare. Defendants who are the subject of a restraining order break the law when they don't follow the order's terms. The consequences are jail time and fines.

What to do if you don't get cooperation from the police?

If you do not get cooperation from the local police, you can take these steps, which may require the assistance of an attorney: file a civil lawsuit against the defendant, alleging invasions of your privacy and other civil wrongs, and. talk to your local prosecutor about pressing criminal charges.

Where can I get a domestic abuse form?

You can get the forms at your local courthouse, and they're often found online. Many shelters and domestic abuse prevention organizations also have the forms. Once you have the forms, the process goes like this: Complete the forms, describing the abusive or harassing behavior in as much detail as possible.

Can you get a restraining order for workplace violence?

Workplace violence restraining orders may also be available in a handful of states. A growing number of states have enacted red flag laws, which allow family members or law enforcement to request restraining orders that require individuals who pose a risk of gun violence to surrender their firearms.

What is a restraining order?

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.

Why is a restraining order important?

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.

What happens if you don't fight a restraining order?

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.

Is it better to settle things out of court or go to court?

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.