If you think you need to obtain a restraining order, or have been served with a temporary restraining order, you should reach out to a criminal attorney or family law attorney. You should have legal representation at the hearing where the court will decide whether or not to issue a permanent restraining order.
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Getting a Lawyer. Depending on your case, you may want a specific type of lawyer. If your restraining order is coming from a family case, you may want to hire a family attorney.
If the restraining order is from a domestic violence or other type of criminal case, a criminal attorney would be more appropriate. If you are facing a potential restraining order, you should definitely fight it. Having an order could potentially mean jail time or worse for someone.
It is important to always have a copy of your restraining order with you at all times. Everyone protected by the order should have copies of the order. A copy should be kept in a safe place and on file with your local police department.
One of the most common requirements of a restraining order is that the individual must not make any contact with another named individual, usually the victim of the domestic violence, stalking, or harassment.
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.
Scott is also a partner in a San Diego law firm, specializing in criminal, family and civil law. She attended the University of Nevada, Reno, and received her Juris Doctor from the Thomas Jefferson School of law.
The three other types of restraining orders are emergency protective orders, temporary restraining orders, and permanent restraining orders . Each of these have a few differences between them and the judge can always make changes to them as they see fit.
A restraining order is an ordered decision by the judge saying that one person must follow certain conditions that the judge sets aside. If you are at the point where you don’t feel safe for you or your family, this might be one of the options you can take. You can contact your divorce lawyer and they will be able to get you the answers you need to help protect your family.
No contact is the most used restraining order during this day and age. This type usually requires that a person stay a certain distance away from the family. This means that the person is not allowed to go into the family’s home, take a child outside of a certain jurisdiction, sell any property received in the marriage, or possess or purchase a fire arm. There are a few other restrictions that a person can’t do while they are under a restraining order.
If one’s personal safety is compromised by the harmful intentions or actions of another person, one should get a restraining order against the abuser. This is considered a wise thing to do when one’s life is in danger. One should check with the state authorities what this type of order will normally contain as it will vary from state to state. Get professionals advice when thinking about do i need a lawyer for a restraining order hearing.
This order will usually be valid for a specific period of time, and may expire after three years from the time it was issued . Exception will be in the cases of children for whom it will not expire until the courts decide they are safe. The safety of children is high priority and it will over rule any custody issues to protect the child.
Without experienced representation, you might also risk a fair division of the marital assets, visitation rights, and a mutual draft of a post-nuptial agreement . With experienced reputation, you will get someone who wants to understand the facts of your case, be an advocate at every stage of the process, and produce the results that you want.
It is very important to get this type of court order to protect oneself from an abusive person. However, a restraining order will in itself not be able to keep the person safe from the abuser at all times.
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 ...
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
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.)
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, ...
If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.
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.
destroy evidence that you think could hurt you, as this may cast you in a suspicious light with the court and can lead to criminal charges
There are several different types of restraining orders that a court might use.
Restraining orders that are issued before the court has the opportunity to review the facts will only last for a few days or weeks. Generally the order will not expire until the court has a hearing.
It is important to always have a copy of your restraining order with you at all times. Everyone protected by the order should have copies of the order. A copy should be kept in a safe place and on file with your local police department.
If you are served with a temporary restraining order it is important to comply with the order. You will have the opportunity to contest a permanent order at the hearing. Gather evidence related to the incident or incidents that led to the order. Contact witnesses that might have relevant information.
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Civil Harassment Order: When victims need protection from people who are not family members, the type of restraining order is a civil harassment order. In these cases the abuser is usually a friend, acquaintance, or stranger.
Workplace Violence Protection Order: Several states allow an employer to ask the court for a restraining order to protect their employees from harassment, violence, or threats of violence in the workplace.
Yes, there are some other no-contact restraining order rules which may apply. These may include a variety of other requirements which compel a defendant to take certain actions.
When an individual is requesting a restraining order, they will need to provide basic proof that they are being victimized by another individual . Acceptable evidence may include:
Yes, an individual may contest a restraining order. If an individual is served with a temporary restraining order, it is very important to comply with that order. The individual will have the opportunity to contest a permanent order at the hearing.
A no-contact restraining order is very strictly enforced in order to protect a victim from any further harm by an offender. A no-contact order violation may result in the following consequences:
Yes, it is essential to have the assistance of a criminal lawyer for any issues you are facing with a no-contact restraining order. A no-contact restraining order can be very useful in providing you with protections under the law.
Essentially, the individual being restrained by the order is not permitted to make any physical contact or verbal communication with the victim. These requirements are known as no-contact provisions.
A restraining order that is issued prior to the court having an opportunity to review the facts only typically lasts for a few days or weeks. Typically, the order will not expire until there is a hearing.