who is a good protective order attorney

Full Answer

Do I need a lawyer for a protective order?

You don’t have to have an attorney if someone files a protection order against you, but much like any other situation, I always feel like it’s important to have an attorney, because there are legal issues to deal with.

How to obtain a protective order?

These items are helpful:

• Copies of divorce and/or custody agreements
• Names & addresses of your child(ren)’s school
• CPS caseworker and/or case number

How to file a protective order?

The parents of 12 children with disabilities have filed for a temporary restraining order and preliminary injunction to advance their Feb. 1 lawsuit. The suit asks the court to immediately ...

What do you need to know about protective orders?

You can apply for a protection order if:

• You reasonably believe that you are the victim of a crime involving stalking or harassment,
• You reasonably believe that you are the victim of sexual assault,
• You are the agent of a business where the crime of harassment in the workplace has occurred, or

More items...

How do you fight a Restraining Order in California?

Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on their website. Find your local court's website. If your court's self-help center helps people with civil harassment restraining orders, ask them to review your paperwork.

What happens if a Restraining Order is not served California?

If the restrained person wasn't served... If the restrained person wasn't served, fill out a Request to Continue Court Hearing and Reissue Temporary Restraining Order (Form DV-115 ) and a Notice of New Hearing and Order on Reissuance (Form DV-116 ) to ask the judge for a new hearing date.

How do you cancel a Restraining Order in California?

) you have to file a request in court before date that the Restraining Order expires. You can do this if you are the person protected by the order or the person restrained by the order.

Where can I get a Restraining Order in Los Angeles?

You can request a Restraining Order against the person who hurt or threatened you or other family members by appearing at the Superior Court located nearest to you. A Restraining Order may be requested whether or not an arrest has been made or the Los Angeles Police Department has been called.

What type of proof do I need to support a restraining order?

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

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.

Can you appeal a restraining order in California?

Can you appeal a restraining order in California? Restraining orders can be appealed in California, but the appeal process varies based on the severity of the restraining order. The deadline to file a notice of appeal changes based on the type of civil case the restraining order would fall into.

How do you lift a restraining order?

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

Can you expunge a restraining order in California?

The maximum length of a restraining order in California is five years. Often, the length of an order is shorter, lasting several years or even only a few months. If the restraining order against you had against you has expired and you did not violate it you can have the order expunged from your record.

How much does a restraining order cost in LA?

Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).

How much does it cost to get a restraining order in LA County?

File your forms The clerk will keep the original for the court and give you the 5 copies stamped “Filed.” If you need more copies, you can make them yourself. There is NO FEE for filing a domestic violence restraining order.

What constitutes harassment in California?

The civil harassment laws say “harassment” is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

What is a protective order?

Protective orders are also called “restraining orders.” They are typically used in domestic disputes to ban one party from contacting another or from interfering with an order of the court with respect to child visitation or custody rights. They are also frequently used in cases of spousal abuse to keep the violent party from coming into contact with the victim.

How long do protective orders last?

Protective orders have a wide range of duration. Typically, they last for one year with extensions possible under certain particular circumstances. Some states allow the imposition of protective orders for up to three years, while others limit them to just 90 days. Ohio has enacted a law that sets the duration of a protective order at five years, the longest of any state. Violations of protective orders also vary widely. Although most states impose a maximum one (1) year sentence and a $1,000 fine, states routinely require mandatory jail time for violating a protective order.

What happens if you don't follow a restraint order?

The restrained person can be arrested and charged with a misdemeanor, a felony, or contempt of court. Taking or concealing a child in violation of the order may be a felony and punishable by confinement in state prison, a fine, or both. Traveling across state or tribal boundaries with the intent to viola te the order may be punishable as a federal offense under the Violence Against Women Act.

What Are the Different Types of Protective Orders?

There are three types of orders of protection in Illinois: emergency, interim, and plenary.

Can Your Testimony Be Used Against You in a Criminal Case?

In criminal cases, the order of protection must be based upon the charges in the criminal complaint in order for the criminal court to have jurisdiction over the case. Criminal cases typically take many more than 14 to 21 days to resolve, which creates a problem with respect to an emergency order of protection.

When Will the Court Issue a Plenary Order of Protection?

A plenary order is a more permanent order that can last up to two years from the date of issuance and may be renewed for as many times as a court deems it necessary. Usually, the order is entered at the conclusion of a criminal case after a trial after a finding of guilty, and in addition to any other sentence imposed.

Can an Order of Protection Kick Me Out of My Own House?

Short answer? Yes. The remedies that are set out in an order of protection are in addition to other civil remedies (such as a lawsuit for damages) or criminal remedies (such as a no-contact order or restitution).

What Else Can a Protective Order Do?

The order can also protect persons outside of their residence, by having a “stay away” provision that orders the respondent to stay away from the protected persons and places he or she frequents, such as places of employment, school, or other specified places.

Violations of Order of Protection

No piece of paper standing alone can ever really provide anyone with true “protection.” However, there are penalties for violating an order of protection that will result in criminal prosecution; alleged violation is a Class A misdemeanor punishable by up to 364 days in jail, a $2,500 fine plus court costs, or both.

Contact an Experienced Protective-Order Attorney

A petition for an order of protection is serious business. The consequences of the entry of an order are far-reaching, affecting not only one’s right to remain in one’s home, to have contact with loved ones, and to possess firearms; but they can also have an effect on one’s immigration status (if not a U.S. citizen) and employment opportunities.

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...

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 is AEO in litigation?

Those matters which assert the theft of trade secrets or a breach of a non-compete agreement will often permit an “Attorneys’ Eyes Only” (“AEO”) designation within the Protective Order if discovery documents are of such a highly sensitive nature that revelation ...

Can an attorney share documents with a client?

Once designated as AEO, counsel is not permitted to share the documents or information with the client. Of course, the designation, and the corresponding limitation upon sharing the information, raises a host of obstacles that make it more difficult for an attorney to counsel the client.

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.

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.

What is a protective order?

A protective order is granted when the Court finds that there is a clear and present danger of violence. Violence can include domestic abuse, sexual assault, or even threats of violence. These orders are created to protect victims from abuse or continued contact that may lead to abuse.

How do I get a protective order?

As discussed above, a protective order generally prohibits any future acts of violence and contact between the petitioner and perpetrator. Generally speaking, in Texas a protective order may be granted if:

How does a protective order protect me and my children?

There’s a famous line in the Jennifer Lopez-led film Enough when a sunglasses-wearing Lopez asks a police officer to explain a protective order by posing the question, “what’s that? A little piece of paper that says he can’t come around? … And when he comes around, what does she do? Throw it at him?”

How long will my protective order last?

In Texas, there are three types of protective orders available based on family violence. The following are the different types of protective orders in Texas:

How does Texas enforce these orders?

Restraining orders are unable to be enforced criminally, meaning that the police are unable to act. Instead, the affected party must return to court to seek civil resolution. Once in court, there will be a hearing in which the judge will make a decision based on the facts presented.

What are the punishments for violating the orders?

Violating a protective order in Texas is generally classified as a Class A misdemeanor, which may result in up to a year in county jail and a fine up to $4,000.

We Care. We Can Help

A qualified family attorney can help you determine the best steps in protecting you from an abusive situation. We represent clients in the following counties: