When Do You Need a Restraining Order Lawyer?
An Order of Protection, commonly referred to as a restraining order, is a civil injunction granted by a court to prevent you from being harmed, assaulted, or harassed by an abuser. It can also prevent an abuser from going to the location of domestic violence, which might be your house or your place of employment.
You must first fill out and file paperwork at your county courthouse for a judge if you feel you need protection from an abuser.
You can ask for help from your order of protection attorney to finish the papers. Your restraining order attorney can also determine whether you need to call the police or other authorities or if your circumstance qualifies for a restraining order. Having a restraining order lawyer on your side is always a good idea.
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How Much Does It Cost to Hire a Restraining Order Lawyer in the U.S.?
What to Look For in a Restraining Order Lawyer
A court may issue an ex parte order if, after reviewing the petition, it determines that the petition for a protection order or a renewal should be granted. If this is the case, the respondent may ask for a hearing to give them a chance to explain why the protection order or renewal should not be granted. The judge will set a hearing date for this.
Your lawyer should be prepared to attend hearings and represent your interests in court. The judge may also issue a show-cause order that calls for a hearing on the submitted petition and affidavit. You may also ask the court to have a hearing if you were served with an ex parte domestic violence protection order.
Your restraining order attorney should know how to collect evidence and update you about your case. Additionally, your TRO lawyer should have experience handling cases similar to yours.
How to Prepare for Your Consultation With a Restraining Order Lawyer
Read and Abide by the Whole Restraining Order
It cannot be stressed enough that you should read the entire order to ensure that you do not disobey it. It will be more difficult to resist the permanent order if the interim order is broken.
Additionally, you should read it to:
- Learn the court hearing date and the deadline for the answer documents.
- Discover the accusations made against you, along with any supporting documentation, and be aware of your rights, such as the ability to request counsel, provide evidence, and receive notice of the hearing.
Compile and Arrange any Supporting Documentation
You must, on your own or with the advice of your attorney:
- Assemble any tangible proof linked to any actions or events the petition mentions, such as clothing, pictures, films, and items.
- Collect any records or documents that might be relevant to the case, such as letters, emails, GPS and phone records, receipts, computer records, and records that might show where you were when an incident occurred.
- You should also list potential witnesses, including anyone you believe may have information about the incident, the allegations, or the petitioner, and get the contact details of those witnesses.
The petitioner must establish the claims before the judge will grant the permanent order, usually by a preponderance of the evidence (a standard of more likely than not). The material mentioned above may be used to refute or support the petitioner’s claims.
You could prove that on the night of the alleged occurrence, you were away or attending a concert. Or the petitioner’s claims of repeated phone calls or messages could be refuted by your phone records. Your GPS travel logs may allow you to refute any claims made by the petitioner that you continue to pass their home while driving.