what kind of attorney handles restraining orders

Do you need an attorney for a restraining order?

Jan 16, 2018 · Erin Alexandra Campbell. Restraining orders are generally of three types: 1) criminal; 2) family; or 3) civil. A good portion of the restraining orders typically come from the first two groups. The attorneys generally more likely to assist in these matters are criminal defense attorneys or family law attorneys.

What kind of lawyer do you need to fight a restraining order?

Sep 05, 2014 · A general litigation attorney could help him. Additionally, family law attorneys deal with restraining orders and orders of protection regularly. Finally, Criminal defense attorneys are also very experienced in this area. The question you have submitted to Avvo.com is to a public forum. As such, there is no attorney-client privilege established.

How long does it take to be served restraining order?

We Handle All Kinds of Restraining Orders. As an experienced defense attorney, Michael L. Fell can assist with any kind of restraining order based on any kind of alleged harassment or abuse: Family Law Restraining Orders: These types of restraining orders often come out of emotional family law disputes like divorce and child custody battles. Attorney Fell can help cut through …

How to remove a restraining order without an attorney?

Find a local Restraining Orders attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Restraining Orders lawyer for you.

How much does a restraining order cost?

It doesn't cost you anything – there's no application fee for filing a restraining order in the District Court. However, if you use a lawyer, you'll need to pay the lawyer's fees.

How are restraining orders enforced?

If a party infringes a restraining order, there will need to be a court hearing. Consequently, the victim will likely have to provide proof of a breach. The judge will then evaluate the evidence and conclude whether defiance occurred or not and whether any sanctions will be imposed.Jun 11, 2020

How do you get a restraining order hearing?

Telling The StoryViolent incidents.Threats of violence.Stalking behaviors.Harassing behaviors.Tell the judge where you were hit, how many times and the injuries and pain you experienced.Whether or not a weapon was used.Do not paraphrase if it can be avoided. Try to use exact phrases and be as specific as possible.Feb 18, 2020

How long does a restraining order last?

If the court does not deny the restraining order, a typical order lasts anywhere from three to five years. The exact duration will be indicated in the order. If the defendant violates the order, it can be extended.Mar 29, 2021

Is a restraining order a conviction?

Following the implementation of section 12 of the DVCVA 2004, restraining orders may be made on conviction or acquittal for any criminal offence. ... Restraining orders are civil behaviour orders and therefore the standard of proof is a civil one (R v Major [2010] EWCA Crim 3016).

What warrants a restraining order?

The standard test for the order can be sought is whether or not there is evidence of harassment or risk of violence (or further violence) against a victim. You can get a restraining order against someone if the person has: Abused (or threatened to abuse you) Sexually assaulted you.Jan 29, 2021

What happens if the defendant does not show up to a restraining order hearing?

If the target fails to attend the hearing, he or she may petition the court at a later date to attempt to reverse an invalid order. He or she will need a lawyer to present the case.

What happens at a court of Protection hearing?

The court decides what will constitute the evidence for the case. They will send directions to the applicant, their representative and anyone else identified as a party, setting out: the issues of the case that will require evidence. what evidence is needed to decide those issues.

What happens after a court hearing?

The judge will normally tell you what decision has been reached when all the evidence has been given. A written copy of the decision (an 'order') will be sent to you after the hearing. The order will not set out the reasons for the decision. ... If you disagree with the judge's order you may be able to 'appeal' against it.

Can a restraining order be extended?

You may wonder what happens when a restraining order has an expiration date, but you still need continued protection from the offender. A court can extend an order. You can do this via an application for an extension hearing. The hearing can take place up to 1 year after your first restraining order.Jun 9, 2020

What happens if you break a restraining order?

If you are reported to the police for breaching your restraining order, the police will usually sign a criminal complaint which means that you are then in contempt of court. You may also be arrested, depending on the type of order in place and the nature of the breach committed.

Can you get a restraining order for harassment?

The court can make an order or injunction that the person harassing you must stop their behaviour. If they don't stop harassing you after the court has made an injunction against them, it's a criminal offence and they can be prosecuted in the criminal courts.

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 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.

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.

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.

Jonathan Drake Steele

Technically any attorney licensed in the state can represent him. Nevertheless, his best bet is to hire an attorney specializing in criminal defense and/or domestic relations.

Joseph Pierce O'Brien

Family law attorneys deal with these types of issues. Many offer free consults. Give one a try.

Anthony Robert Scifo

A general litigation attorney could help him. Additionally, family law attorneys deal with restraining orders and orders of protection regularly. Finally, Criminal defense attorneys are also very experienced in this area.

Alan James Brinkmeier

Get legal help from a private attorney,#N#An attorney that deals with domestic violence or family law matters can respond

Accused of a Restraining Order Violation? Michael L. Fell is On Your Side

If a permanent restraining order has been secured against you and you are accused of violating said order, it can feel like everyone already views you as the “guilty” one or the “villain” in the situation. Michael L. Fell will not treat you this way.

We Handle All Kinds of Restraining Orders

As an experienced defense attorney, Michael L. Fell can assist with any kind of restraining order based on any kind of alleged harassment or abuse:

Call Now for an Expert Defense

Regardless of how daunting the charges against you may seem, Michael L. Fell can help you through this experience with ethical, aggressive, and effective representation. Call (949) 585-9055 now to learn more about hiring Michael L. Fell.

What happens when you file a restraining order?

When you file a restraining order, you must prove that the person you are wishing to restrain has harmed you or threatened to harm you, or that they have harassed you in a way that has scared or annoyed you (including stalking).

How long does a restraining order last?

However, if the court decides to issue a restraining order, that order can last anywhere from one to five years.

Who is Brian Hurwitz?

Brian Hurwitz is an experienced criminal defense attorney who has established a reputation among clients, prosecutors, and judges as an honest and trustworthy gentleman. He recognizes the stress and anxiety brought about when people are faced with criminal charges that may have a devastating effect on their lives.

What is a restraining order?

A restraining order is a legal order from a court, meaning that the restrained person would face serious consequences if they were to break their order.

Do I Need An Attorney?

If you are experiencing any marital conflict or domestic concerns that have escalated to domestic violence, you need a domestic violence and restraining order attorney that can assist you in securing your safety and the safety of others in the home.

Why Choose Marshall & Taylor PLLC?

At Marshall & Taylor PLLC, our aggressive Raleigh domestic violence and restraining order attorneys understand that these types of cases may not be resolved easily. Our skilled team understands the value of diplomacy and mediation.

Cases We Handle

If you have been the victim of domestic violence, it is extremely important to seek medical care and legal counsel as soon as possible. Furthermore, understanding what your rights and options are when it comes to escaping a violent relationship is often difficult, especially if children or others are involved.

Frequently Asked Questions

If you are considering hiring an attorney to help you with a domestic violence case, you may have questions and concerns that you need to be addressed as soon as possible. For your convenience, we have listed a few of the most commonly asked questions and the corresponding answers.

North Carolina – Domestic Violence Statistics

The National Coalition Against Domestic Violence (NCADV) describes domestic violence as the “willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another”.

Contact A Raleigh Domestic Violence Lawyer Today

Marshall & Taylor PLLC takes price in putting our clients first, and we have the resources and experience to provide you with fair and honest representation, while looking out for the safety of you and your loved ones.

What is a restraining order?

Updated: Jun 19th, 2020. Restraining orders, often also called protection orders, are orders issued by judges that tell people to do or not do certain things. They can be used in non-criminal situations, such as telling property owners to stop activities that constitute a public nuisance and directing parties in a civil lawsuit to leave each other ...

How to contact the National Domestic Violence Hotline?

The National Domestic Violence Hotline provides resources for those trying to flee abuse during the COVID-19 lockdown. You can go to www.thehotline.org or call 800-799-SAFE (7233) for assistance. You can also text LOVEIS to 22522 for help.

Can you get a restraining order for a domestic violence case?

Depending on your situation and your state's laws , you may be able to obtain one or more types of restraining order to help protect you, including domestic violence protection orders, anti-harassment or anti-stalking restraining orders, workplace violence restraining orders, and restraining orders to prevent gun violence (under " red flag laws ").

What are the causes of domestic violence?

According to the American Psychological Association and Josie Serrata, PhD, crises ramp up stress among couples and families and can lead to a rise in domestic violence and child abuse. Increased stress from financial problems, social isolation, and disconnection from social support systems are all risk factors for violence.

How did Jessica Gonzales die?

They failed to do so, and the next day in the early morning hours he walked into the precinct station, firing away. He was killed by return fire , and the bodies of his three murdered children were found outside in his truck. (Town of Castle Rock v. Gonzales [Gonzales III], 545 U.S. 748, 769 (2005).)

Is the YWCA still open?

According to Alejandra Y. Castillo, CEO of the YWCA, domestic violence shelters are still open, but they've made adjustments to fight the spread of COVID-19.

What is shelter in place order?

shelter-in-place orders in most states—these rules force people to stay home unless they have to go out to meet essential needs, and. day care and school closures at every grade level. If you're a victim of abuse, you are not alone, and you can still get help.

What is a restraining order?

A restraining order is an order signed by a Judge in Court that restrains or prevents someone from contacting another individual. Contact can include physical contact, contact by phone, mail, email, text message, social media, through a third party, etc…. Any form of contact pretty much can be prohibited.

How long does a restraining order last?

A civil restraining order can be temporary or permanent. It can last from just a few weeks to up to 5 years. A criminal restraining order is usually issued when there is a criminal investigation. An emergency restraining order can be issued immediately by the police if they believe it is necessary.

What is an emergency protective order?

Emergency Protective Order: Protects victims of abuse, serious harassment, or stalking. An emergency protective order is available 24 hours a day from the police. Domestic Violence Restraining Order: Protects individuals from family members, spouse or former spouse, parties that have a child together, or parties that have a current ...

What are some examples of restraining orders?

Examples of criminal restraining orders that are issued are: 1) if you get into a fight and hurt someone else, a criminal investigation might be opened on you and criminal charges such as assault or battery filed against you.

What is an order of protection?

Seeking an order of protection is a courageous step to securing the safety of yourself and those in your care. If you are being victimized or fear you will be victimized, it is important to know that you are not alone. There is help available and there is nothing to be ashamed or apprehensive about. The only mistake victims make regarding orders of protection is not seeking legal assistance in getting one in place.

How long does a TRO last?

A TRO provides a victim with the same safeguards as an EPO and prohibit contact as defined in the order. TRO’s normally last 20 to 25 days after which the petitioner can seek a permanent restraining order.

What are the three types of orders of protection?

There are three types of orders of protection that can provide victims with legal protections to support their safety – emergency protective orders, temporary restraining orders, and permanent restraining orders.

How long does a restraining order last?

A permanent restraining order can last up to five years for domestic violence cases and three years for civil harassment. Consulting an attorney can help maximize the length of a permanent restraining order within what is allowed by state laws.

What is an EPO?

An emergency protective order (EPO) is the most immediate form of restraining orders and is issued to provide victims with a short-term, enforceable separation while longer-term protection can be sought through the court system.

What is a temporary restraining order?

A temporary restraining order (TRO) gives victims the ability to petition a judge for a temporary order of protection while a request for permanent action can make its way through the legal system.

What to do if you are being abused?

If you are currently being abused or victimized, or believe you are in danger, it is important to have a plan to stay safe, contact law enforcement if you are in immediate danger, and reach out to us to assist you in securing an order of protection.