A Restraining Order Lawyer Can Help

Violating the terms of a restraining order is taken very seriously and could result in jail time and criminal charges being levied against its violators.

Protective orders provide vital relief to anyone experiencing domestic violence within their family or intimate partnership, from physical assaults and stalking incidents, through to stalking harassment and threats of violence. These three-step processes typically begin with an interim protective order before leading up to a final court hearing for resolution.
Family Law

Family Law restraining orders, like criminal court restraining orders, provide temporary protection until a judge hears your case. Such orders can restrict someone's access to firearms and require them to attend anger management classes or counseling as well as direct them to maintain certain distance from you as the petitioner, their home, work, and school.

Just as in criminal courts or local justice courts, a Family Offense Petition will be filed and reviewed by a judge who will then determine if there is "good cause" to grant a temporary order of protection. Once heard at full hearings, respondent(s) have their opportunity to present their side before being granted either limited or full orders of protection by the judge. Anyone violating such orders could face Criminal Contempt charges by police resulting in jail time being levied against them.
Criminal Law

Restraining orders are an integral component of criminal law, ordering the defendant to stay away from a victim and prohibit any contact or communication. They may also specify whom they cannot see, where they must avoid and any weapons they might possess that must be surrendered by them.

Restraining orders, whether temporary or permanent, when violated can result in civil and/or criminal contempt charges against those violating them. It is wise to have an experienced restraining order attorney on your side in order to defend against such allegations.

People don't need to be related by blood or marriage in order to seek a restraining order against another. Cohabitants, friends and neighbors as well as anyone involved can all file such petitions. In some states the protected person can even obtain one against an employer, stalker or stranger for harassment, stalking or threats against them - with criminal cases operating independently while sharing any relevant information between both cases.
Civil Law

Restraining orders are civil court actions which order one party to refrain from certain conduct towards someone they have protected; such as stalking, making threats of violence, showing up without warning at their home or place of work without permission, sending unwanted text messages or emails, and other acts of harassment. Failure to abide with a restraining order can result in criminal contempt charges and may even lead to imprisonment time, fines and registration as sexual offender.

The process for filing a restraining order begins by filing papers known as petitions. To request protection, the plaintiff (person seeking order) completes and files Form JDF 402, Verified Complaint/Motion for Civil Protection Order with supporting documentation that includes an incident checklist and affidavit regarding children in their household.

Judges will carefully consider all facts presented in a complaint and decide if and when restraining orders should be issued. At hearings, both parties can give testimony in support of their allegations or opposition to one another and offer evidence - should a restraining order be granted, its duration can last for up to two years with potential extensions at a later date.
Restraining Orders

Restraining orders or "protection orders" are emergency court orders which prohibit certain actions and provide other forms of relief, including restrictions against contacting certain people, setting distance between parties, or mandating that weapons be handed over by those accused of abuse such as domestic violence, stalking or harassment. They are most frequently sought in domestic abuse, stalking harassment cases as well as some forms of other crime.

Restraining order lawyer vary by state, but most provide guidance as to who qualifies to file for an order, what protection or relief may be available, and how the orders can be enforced. If someone violates a restraining order's terms, police may arrest and prosecute that individual.

In cases of domestic violence, a judge will hold an evidentiary hearing to hear both sides and issue a final restraining order ("FRO"). These orders can also address other matters such as child custody and visitation arrangements. They remain in force until either they are lifted by court order or until either side files a motion to modify them.