what type of attorney do i need for a restraining order

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

How do I get a restraining order in Ontario?

Is restraining order a criminal record?

Does a restraining order go on your record Canada?

What is a restraining order?

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.

How long does a restraining order last?

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.

How long do you have to file a criminal charge?

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.

What happens during a second court appearance?

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 ...

Why do police arrest abusers?

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.

What does "separated" mean?

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) ...

Do you have to attend a hearing to get a restraining order?

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 ...

What happens if you violate a temporary restraining order?

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 ...

What is a temporary restraining order?

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

What happens if a petitioner asks for a restraining order?

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.)

What is a restraining order?

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, ...

What happens if a petitioner accuses you of texting?

If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.

How long does it take to get a permanent order?

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.

What does it mean to destroy evidence?

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

Is it better to have a lawyer with you or against interest?

Having a lawyer with you is ALWAYS better so that you cannot make any statements against interest. However, judges in Los Angeles who handle retraining orders are used to dealing with self-represented parties. SO it really is up to you. Good luck. Just deny any claims she makes that are untrue and present all of your evidence in a cohesive way, with numbers on any documentary evidence you present and have copies for both the Court and the defendant.

Can you have a lawyer at a court hearing?

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...

Can a temporary restraining order be granted after a hearing?

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.

What happens when you ask for a restraining order?

When you ask the court for a restraining order, the court will want to see evidence of the conduct that you feel is threatening to you. 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.

How long does a restraining order last?

Permanent Restraining Orders (PRO) can last for five years. An experienced attorney can help you to show the court that you do in fact need a permanent restraining order in place to keep yourself and your children safe.

How long does a TRO last?

Temporary restraining orders usually last for approximately five to seven days. With the help of Bay Area Lawyer Lucy S. McAllister, you can get an additional temporary restraining order, or even a permanent one, to extend your protection.

Why do we need a restraining order?

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 ...

Why is the party who is being abused afraid to ask the person who is abusing them to stop doing so?

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.

What happens when one person becomes abusive?

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 to prolonged physical and emotional abuse.

What happens when you are in an abusive relationship?

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 ...

What is the person who seeks a restraining order called?

The person seeking an order is called the “ Petitioner .” This person must make declarations under penalty of perjury about the allegations of abuse or harassment that has occurred. Whether in a domestic violence restraining order or civil restraining order, the Court requires some statements about physical, emotional or other types of abuse that has occurred.

What is the technical term for the proof needed for a temporary restraining order?

The level of evidence required at the temporary restraining order stage is very low. The technical term for the proof needed is “reasonable proof.”.

What is the level of proof required at a temporary restraining order hearing?

The level of proof necessary at this type of hearing is called “Preponderance of Evidence.”

How to obtain a permanent restraining order?

To obtain a permanent civil restraining order the Petitioner must prove their allegations to the court with “Clear and Convincing” evidence. Clear and convincing evidence goes far beyond simple declarations. Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court.

How to win a domestic violence restraining order?

The best way to win in a domestic violence restraining order case is to provide strong evidence that the petitioner is not being truthful. In these types of cases, the courts tend to side with the supposed victim of domestic violence, especially if other family members are in danger.

Why is a temporary order granted with such a low threshold?

The reason why a temporary order is granted with such a low threshold is two-fold. A temporary order by nature is limited in duration. A temporary order will only last for a few weeks until a hearing for a full restraining order is held. It involves a situation which may be extremely dangerous such as a threat of violence or actual physical harm. ...

Why is the preponderance standard used in domestic violence cases?

The preponderance standard is used in domestic violence restraining order cases because of the close nature of the relationships involved. A good way to look at this level of proof is a fact alleged is more likely than not to have occurred.

How to stop a violent offender?

In serious cases, the only way to stop the behavior is to order the offender to stay a certain distance from the victim. But it can also target specific things like contacting the victim's friends or family, phone calls after certain times, or other unwanted behaviors.

What is the key to a restraining order?

The key is proving to a judge that you need a restraining order. That judge is going to be looking for some specific facts.

When you decide you want to request a restraining order, what should you do?

When you decide you want to request a restraining order, make a list of all of the threatening or intimidating behaviors you want to stop. Specific examples are important.

Is it enough to suspect someone is falling?

Unfortunately, a suspicion that someone is falling you or making prank calls is often not enough. Courts will ask how you know, and they're looking for tangible evidence.