what type of attorney fights order for protection

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. Function A restraining order is a tool used by the court to keep people away from certain places or certain people.

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Can I fight an order of protection (restraining order)?

How protection orders work. An order of protection is issued by the court to prevent someone from engaging in any type of behavior that may cause harm to your person or body. A knowledgeable Brooklyn lawyer can describe how a protective order prohibits your abuser from injuring, threatening or harassing you or your family.

What kind of lawyer do I need for a restraining order?

Jul 16, 2020 · Appealing an Order of Protection. If you agreed to an order of protection or one has been issued against you, you may be able to appeal. However, you must file for an appeal from the Tennessee General Sessions Court within 10 days of the …

Can a protection order be used to fight a false accusation?

Do Not Sell My Personal Information. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. 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.

What are the different types of orders of protection?

Sep 21, 2017 · Criminal defense attorneys can do more than just protect your rights and mitigate in your defense during a criminal charges case; they can also assist you in lifting orders of protection that may have been filed against you.

What's the difference between a restraining order and a protective order?

Restraining orders A restraining order is similar to a protection order except that it falls under the Harassment Act and applies where there isn't a domestic relationship.

What if someone lies to get a restraining order?

Yes, even if your spouse lied his/her way into getting a protective order against you, there is nothing much you can do about it except wait for the court to decide whether to cancel the order or keep it. ... “As a result, he is criminally charged for violating the protective order.”

How do I fight an order of protection in NY?

In order to fight an order of protection, you must go to court with evidence that the order is not warranted. For example, if you can prove that the accuser lied about the incident on which the order is based, then the judge may be inclined to vacate the order.

What happens if the victim violates the order of protection in Tennessee?

A violation of an order of protection or no-contract order is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail, and a fine between $100 and $2,500. When the protection order violation involves a firearm or assault, other criminal charges may apply.

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

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.Feb 1, 2017

How long does an Order of Protection last in NY?

It has an expiration date before the case is closed and it can be renewed as the case continues. At the end of the case, the court can issue a permanent Order of Protection. It usually lasts one year. In certain circumstances, it can last up to five years.Sep 7, 2021

What are grounds for a restraining order in NY?

Orders of protection are issued by a judge to protect you from another person who is abusing, harassing, threatening, and/or intimidating you, or has committed a crime against you. Orders of protection are commonly issued in cases involving domestic violence, but may also be issued under other circumstances.

Are orders of protection public record in NY?

An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.

What is Goldberg Sager?

Goldberg Sager & Associates is honored to stand up for domestic violence victims. You do not have to live in fear for your safety or the safety of your children. By contacting orders of protection attorneys in Brooklyn at our firm, you can take legal action to ensure your abuser no longer harms you. Our firm has more than 20 years of experience assisting domestic violence victims in New York. We have a deep understanding of the system and we are here to aggressively fight for your rights and your safety.

What happens if you violate a protection order in Brooklyn?

Since an order of protection is issued by the court, violating the order is a crime. If the aggressor refuses to obey a protection order, you have the right to call the police. Violating the order does not require that your abuser physically hit you. If he or she fails to obey any part of the order, contact law enforcement officials as soon as possible and then consult with an attorney. Brooklyn restraining order lawyers can assist you in keeping your family safe.

Appealing an Order of Protection

If you agreed to an order of protection or one has been issued against you, you may be able to appeal. However, you must file for an appeal from the Tennessee General Sessions Court within 10 days of the order. Failure to do so will make the order final.

Key Takeaways Regarding Orders of Protection Matters

If you may be subject to an order of protection, here are a couple of things to keep in mind:

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

Is the internet secure?

The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Courts have the authority to issue restraining orders (also referred to as orders of protection) ...

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, ...

Can a court issue a restraining order?

Courts also can issue restraining orders in civil matters—for instance, prohibiting a person from contacting a non-family member or intimate partner or from going to a certain business or professional office. This article addresses restraining orders and orders of protection in domestic relationships, and focuses on the nature ...

What are the rights of a person who is subject to 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.) You also have the right to be represented by an attorney, although in restraining order proceedings, you are not entitled to free counsel or a court-appointed attorney.

Is a restraining order a serious matter?

Restraining Orders are Serious Matters. If you are the subject of a restraining order, understand that it is a very serious matter that deserves your prompt attention. You do, however, have important rights. If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because ...

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 ...

Can you violate a temporary protection order?

Do not violate any portion of a temporary protection order. Usually the first time a respondent hears about a protection order against him is when it is served on him by a professional server or law enforcement; the order is not enforceable or effective until he has been properly served.

What is relevant evidence?

Relevant evidence can include witness testimony, police or medical reports, and written communication. You must attempt to demonstrate that the plaintiff is not actually in need of protection from you. Attend the hearing and present your case clearly, accurately, and descriptively to the judge.

Where is Rebecca Rogge?

Information is also often made available on the state or county's District Attorney, sheriff, or court websites. Based in northern Virginia, Rebecca Rogge has been writing since 2005. She holds a bachelor's degree in journalism from Patrick Henry College and has experience in teaching, cleaning and home decor.

What is a restraining order?

Legally, a restraining order is an umbrella term referring to an order restraining parties in a lawsuit from doing certain things. What those things are would be specific to the facts of the case. While the legal definition of restraining order is very general, when most people say "restraining order," they mean what is called in most states a "protective order." In that sense, restraining order is a throwback term (except in California, where it is still in use), left over from the days before more specific protective order statutes were enacted. Technically, all protective orders are restraining orders, but not all restraining orders are protective orders.

How does a TPO hearing work?

Understand how the hearing works. In many, if not most jurisdictions, the hearing for the Temporary Protection Order (TPO) is done ex parte, which means that it is done without both parties being present. The petitioner presents his or her evidence to the judge without the respondent being present, and the respondent presents his or her evidence afterwards. Don't allow this procedural quirk to put you off. Since a TPO hearing is not a criminal trial, and the judge is not determining guilt, you do not have the same right to confront your accuser as you do in a criminal trial.#N#Understand why TPO hearings are conducted ex parte. Even if the petitioner's request for a TPO against you is without merit, they are meritorious in many cases, and this style of hearing allows for the parties to present their cases in an atmosphere as free from intimidation as possible.

What is a CPO?

A Civil Protection Order (CPO) is what most people are talking about when they say "restraining order.". Broadly, there are two types of CPOs. In jurisdictions where allowed by statute, an Emergency Protection Order (EPO) is granted by a policeman or magistrate against someone arrested for domestic violence.

What is standard of proof?

"Standard of proof" is a term describing the evidence needed to secure the petitioner or plaintiff's desired result. In a criminal case, the standard of proof requires the evidence to show the defendant is guilty beyond a reasonable doubt.

How long does a TPO last?

Other jurisdictions mandate longer or shorter periods of time, such as six months, two years, three years, and five years .

What is the preponderance of evidence?

Preponderance of the evidence is the evidentiary standard most commonly used in civil cases. Think of the preponderance standard in terms of percentages.

What is good cause in criminal law?

Good cause, referred to in some states as "sufficient evidence," or "reasonable cause," is the lower evidentiary standard. Think of this standard of proof as something more than the probable cause needed to make an arrest, but less than the preponderance of the evidence standard.