A Restraining Order Lawyer Can Protect Your Rights

A restraining order lawyer can protect your rights if you find yourself embroiled in a restraining order case. Your petition must demonstrate that your safety is being threatened and then the judge must hold a hearing to decide on a permanent order or not.

At this hearing, your family law attorney can present evidence in your favor and the court may even appoint one free of charge if certain income requirements are met.
How to Get a Restraining Order

Restraining orders are court-issued legal measures designed to stop someone from harassing, stalking, or threatening you in any form - be it family members, intimate partners (including former partners), neighbors, coworkers or people you have come in contact with through digital means such as emails or texts messages.

Step one of this process entails filing a petition and affidavit detailing your situation, before having it reviewed by a judge or referee who will then determine if a temporary protective order ("TRO") should be granted.

If the court grants a Temporary Restraining Order (TRO), it will include an order for both yourself and the person being restrained to appear before it and present evidence regarding your allegations. A lawyer can help prepare and attend hearings on your behalf - law enforcement officers can be employed if needed or hire professional process servers if you know their address; in either case a lawyer should attend any such proceedings on behalf of both parties involved.
What You Need to Do After You Get a Restraining Order

Restraining orders - also known as protective orders - provide extra layers of protection from someone harassing or abusing you. They prohibit certain behaviors, often illegal ones (threatening can be considered illegal itself). By having such orders in place, getting your abuser arrested becomes much simpler, speeding the wheels of justice along faster.

No matter if the Temporary Restraining Order was unjustly granted, it is essential that you abide by its terms until your hearing date. This means removing their name from your phone and social media accounts as well as driving past their home or place of work; any attempt at circumvention could land you in contempt of court.

If you are charged with violating the terms of a restraining order, this conviction will appear on background checks and could affect your ability to find employment or rent an apartment. Therefore, it is crucial that you work closely with an experienced attorney early in order to create an effective defense strategy and secure an optimal result.
What You Need to Do if You Get a Restraining Order

Restraining orders are designed to protect victims of domestic abuse from coming within a certain distance and restricting their access to specific locations, like their home, work, or school. A judge may issue one on direct evidence or circumstantial evidence. Sometimes witness testimony or statements and digital communication records, like emails and text messages can help build strong cases for restraining orders.

A judge will typically set up a hearing to grant a final restraining order within 10 days, during which each party can present witnesses and evidence supporting their respective sides of the argument.

Once a judge grants you a restraining order, keep a copy with you at all times to help establish the validity of any violations to it and enable law enforcement authorities to respond more quickly in case intervention is required. Furthermore, provide copies to any schools attended by defendant so they may verify they do not deal with anyone violating civil or criminal court orders.
What You Need to Do if You Violate a Restraining Order

Violating a restraining order may result in civil or criminal penalties, including monetary fines or criminal stalking charges, depending on its violation type. For instance, breaking an order to stay away from someone or place could result in charges related to stalking.

Many states have laws that empower law enforcement officers to arrest anyone violating a restraining order without first seeking a warrant and turn over to prosecutors for potential criminal prosecution. If police believe their victim is at immediate risk, they can also file temporary restraining orders with the court to protect her or him.

Evidence such as photos of injuries or documentation of abuse are necessary in order to obtain a restraining order, along with witness statements and affidavits from family, friends or social workers, witness statements and digital communication records such as emails or texts messages from family, friends or social workers as well as digital records such as emails or texts messages from family, friends or social workers can play an essential role. Restraining orders can last from weeks, months or even permanently in some instances.