what type of attorney would handle a protection order hearing

Yes, I think you should have an attorney represent you at the hearing. Look for a local family law attorney who has handled many order of protection cases in the past. If you need a referral, feel free to give me a call. 1-800-517-1614.

Full Answer

What happens at a protection order hearing without an attorney?

When a judge decides that the petition for a protection order or a renewal should be granted based on the contents of the petition, the judge may sign an ex parte order. If this is the case, the respondent has the opportunity to request a hearing, to provide an opportunity to say why the protection order or renewal should be denied.

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

May 16, 2019 · One of the best outcomes in a CPO matter is to successfully negotiate with the petitioner and have the case dismissed against you. However, if there is a Temporary Protection Order in place, it is impossible to negotiate with the Petitioner. An attorney who acts on your behalf can negotiate with the Petitioner or his/her attorney on the terms ...

What should I wear to a protection order hearing?

Feb 18, 2020 · Contact Our Order of Protection Lawyers in Scottsdale. (480) 744-7711. INITIAL CONSULTATION. If you are dealing with a restraining order or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated order of protection lawyers in Scottsdale will ensure thorough preparation for your restraining order hearing, or defense ...

What can a protection order do?

Restraining orders are common in divorce and custody cases, if your situation revolves around these issues, a family attorney might be more helpful because they will be able to help with the other aspects of your case. If the restraining order is from a domestic violence or other type of criminal case, a criminal attorney would be more appropriate.

How do you fight a protective order in Texas?

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

How do I get an order of protection dismissed in NY?

Can you appeal a protective order in Texas?

Can I appeal against a protection order?

Can a protection order be withdrawn?

Does an order of protection go on your record in NY?

What happens if the victim violates the order of protection NY?

How long does an order of protection last in NY?

What happens at an order of protection hearing in Texas?

Are protective orders public record in Texas?

How long does a temporary protective order last in Texas?

What to do on the day of a court hearing?

On the day of the hearing itself, remember to do the following: Be punctual. Make sure your witnesses are present and prepared. Ensure your evidence is ready. If witnesses or documents that have been subpoenaed and are not in the court, let the judge know.

What to do if you don't have a lawyer?

If you do not have a lawyer but the abuser does, request a continuance from the judge so you can then find a lawyer. Should the abuser intimidate you or sit next to you, you may request the court staff to keep the abuser away from you. Stand when the judge enters or when he bailiff requests it.

What evidence can be used in court?

Every state has their own laws on what evidence may be used in court. It may be the case certified copies of documents for them to be valid or you may only be able to use selected excerpts from the document. You may have to get a subpoena to obtain reports from doctors, hospitals and police. And it may be the case the documents have to be mailed to the courthouse instead of yourself. Rules of evidence can be very complex but in the majority of states evidence can include examples of: 1 Court testimony, be it from your witnesses or from yourself 2 Medical reports regarding the injuries you suffered from your abuse 3 Police reports from when the police were called 4 Photos of your injuries, ideally dated from when they were taken 5 Broken or torn household objects from the person who abused you 6 Following an incident of domestic violence, photos of the condition of your household 7 Images of the weapons utilized by the person who abused you 8 The audio from the 911 calls you made (these may have to be subpoenaed) 9 Criminal conviction documents of the person who abused you. These will have to be certified copies obtained from the clerk at the criminal court 10 A calendar or a personal diary or journal that documents the abuse you have suffered 11 As long as it is permitted by the rules of evidence in your state that may assist in convincing the judge.

What are some examples of evidence?

Rules of evidence can be very complex but in the majority of states evidence can include examples of: Court testimony, be it from your witnesses or from yourself. Medical reports regarding the injuries you suffered from your abuse. Police reports from when the police were called.

How to write a sentence?

Practice speaking clearly and putting the events into your own words. Think of the following: 1 Violent incidents 2 Threats of violence 3 Stalking behaviors 4 Harassing behaviors 5 Tell the judge where you were hit, how many times and the injuries and pain you experienced 6 Whether or not a weapon was used 7 Do not paraphrase if it can be avoided. Try to use exact phrases and be as specific as possible

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.

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 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 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 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 ...

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 protection order?

It can: Order the adverse party to stay away from the applicant’s home, school, business, place of employment, and any other location specifically named by the court.

What to do if an adverse party violates a protection order?

If the adverse party violates the protection order, you should call the police and report the incident immediately. In addition, you should consider filing a motion to hold the adverse party in contempt of court. The court will review your motion and decide whether a hearing should be scheduled.

Who is the applicant in a court order?

The “applicant” is the person who believes they need protection and who files the application for an order with the court. The applicant could be: A person who believes they need protection because they have been the victim of a crime involving stalking or harassment or sexual assault.

What is an adverse party?

The “adverse party” is the person the applicant believes they need protection from. It is the person who allegedly committed the crime against the applicant. A protection order can do a number of things. It can:

Can a temporary protection order be granted without notice?

A temporary protection order can be granted without notice to the adverse party. However, the court can require a hearing before deciding whether to grant a temporary order. An extended protection order cannot be granted without notice to the adverse party and a hearing.

How long does a temporary protection order last?

A temporary protection order will expire no later than 45 days (15 days for protection orders against workplace harassment) after the order is signed and served on the adverse party, unless otherwise ordered by a justice of the peace. If the order is not served within 45 days after it is issued, it will expire. FYI!

What happens if my application is denied?

If your application is denied, the justice of the peace will issue an order explaining the reason for the denial. Schedule a hearing. When you file your application, verify with the court clerk how you will be notified should the court schedule a hearing on your application.

Nancy Ann Biediger Lorenzen

The prosecutor should have all the records, including the police report. The judge is going to ask about what happened. All you have to do is tell the truth. If you want to know specifically what kind of things your judge is going to be concerned about, you should speak to the prosecutor who handles these cases and ask.

Cynthia Russell Henley

At least in Harris County, the prosecutors' office handles the hearings on behalf of the complainants - even on the 2 year application. You should call the prosecutor handling the assault case and inquire if they will be handling the application. If you cannot get an answer, call the court with your questions...

What happens if an order of protection does not go to court?

When the target of an order of protection does not go to court for the issue, he or she may not understand the full implications of the order or how it may affect his or her circumstances. This lack of understanding could lead to the violation of certain conditions the judge places on the target to ensure the safety of the victim.

What is an order of protection?

The order of protection is generally in place to stop or prevent violent outbursts, aggressive actions and harassing behavior of the target. He or she must refrain from stalking, harassing words and actions and keep from any emotional outbursts the protected party may construe as aggressive or possibly harmful.

What is the purpose of a custody order?

The goal of the order is to stop this type of situation from occurring and protect the spouse or child. Another action connected to these incidents is the moving out of the spouse or kicking the aggressor out of the property. Some may even seek emergency custody before the order may remove custody with the individual.

Can a judge issue a temporary order?

Because of this, the judge may proceed with implementing a valid order even if the person it targets is not present in the courtroom. Often, the judge will issue a temporary order to give immediate protection against the aggressor.

What happens if the target fails to attend the 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.

How long is a temporary order effective?

The Effective Order. While the temporary order is effective for up to twenty days, it does not require notice to the target with the court. However, when the order is in effect, the aggressor will receive a copy of the order along with notice if the individual seeks a renewal or a written order that is longer than the temporary order.

Make sure you come to the final hearing

If you do not appear at the hearing, your Temporary Order will expire, and you will not receive a Final Protective Order.

Representation

If you are considering having an attorney with you at the hearing, start looking for one today.

You must prove by a "preponderance of the evidence" that you need protection

"Preponderance of the evidence" simply means more likely than not. Your testimony, as well as any evidence you have of the alleged abuse, will be considered in your favor so long as you provide the evidence in compliance with the rules of evidence, which are often relaxed in these types of hearings.

What does a judge do in a court case?

The Judge will typically first handle cases in which either the Petitioner or Respondent fails to appear and grant the requests of the party appearing. Next the Judge will address those cases in which there is no objection to the entry of the Plenary Order. Finally, contested matters will be heard by the Judge.

Can a hearing be delayed?

A hearing can be delayed for many reasons and this can be very frustrating, but it is important to keep in mind that if there are any delays or extensions of the hearing date, the EOP remains in effect. With respect to the court process, a hearing for a Plenary Order of Protection will be assigned on a large court docket ...