Using Restraining Order Lawyer to Prevent Domestic Violence
Sitcoms made restraining orders common in collective memory and pop culture. Couples fighting, spurned lovers and bad marriages are the main characters in many sitcoms, and most restraining orders are part of the quarrels – often seen as the final nail in the coffin for the relationship. Although portrayed as humorous events in sitcoms, restraining orders are an important legal concept that is used in cases of potential and actual abuse. In most cases, a restraining order is quite a serious predicament.
Otherwise known as a protective order, a family law restraining order is a court order intended to protect a person from further harm against someone who might or could hurt them. It can stop the abuser from getting near the potential victim, it can be used to stop harassment, or it can be used to stop an abuser from getting near the victim’s home, apartment or place of work. The restraining order does not give the abuser a criminal order.
Who can obtain a restraining order?
Restraining orders can be given in any case of domestic violence. Victims of domestic violence caused by a spouse, a present or former household member are the most common. There are four types of restraining orders:
EPO – Emergency Protective Order – Used by law enforcement to protect individuals from harm. Valid for five days. Common in some criminal cases and domestic violence cases.
TRO – Temporary Restraining Order – Issued by the court and are valid for 15 to 21 days. Common in domestic violence cases and can be extended to five years (known as permanent restraining orders).
CPO – Criminal Protective Order – Issued by the district attorney’s office and designed to protect the victims or witnesses of a crime.
CHO – Civil Harassment Order – Used to stop harassment from certain individuals; unwanted repeated contact, stalking or other related legal issues. Can be obtained against anyone who may need to be restrained.
Your restraining order lawyer will offer advice on which type of family law restraining order is ideal in your case. The most important thing to remember is that there are two main types of court orders that prevent an individual from coming in contact with you:
A criminal protective order – This prevents a person from having any type of contact with the victim, or stops them from visiting certain locations; this order is used in criminal cases.
A restraining order – This is similar to the criminal protective order, but it is a civil matter and not usually contingent to a criminal case. In some cases, such as domestic violence, restraining orders can be part of a criminal case.
Every restraining order is different, but they all have the same goal: to protect the victim. Depending on your specific case, your lawyer can help you decide what type of court order you should receive. If the domestic violence case has gone to court, you may obtain a criminal protective order. On the other hand, if your case is a civil matter, you may be eligible for a restraining order. Regardless of your situation, always consult with your lawyer.
Restraining orders explained
How old do you have to be to get a restraining order?
You must be at least 14 years old in order to file a restraining order. Ideally, consult your legal guardian or a specialized lawyer in order to file the necessary paperwork.
How long does the whole process take?
After all the paperwork was submitted by your lawyer, the judge has two business days to grant the order of protection. If the response is positive, you will get a temporary family law restraining order which is available for three weeks (21 days). This gives you plenty of time to prepare for court hearings, if applicable. During this process, the restraining order can be reissued as permanent, depending on each specific case.
Do I have to go to court for a restraining order?
Yes, you will have to go to court. Fortunately, you don’t have to go alone. Your restraining order lawyer will be there with you and help you through the legal process. Usually, the lawyer will take care of everything and will minimize your emotional stress.
What happens if the judge denies my request?
Sometimes, the judge may decide that the restraining order should not be applied in your case. If this happens, there are other protective orders and alternatives you can go for, depending on your specific case. Always consult with your restraining order lawyer to make the best decision.
What are the specific requirements for a restraining order?
You are eligible for a restraining order under the Family Abuse Prevention Act if your situation meets the following criteria:
Relationship To The Abuser – The person who abused you is your wife, husband or domestic partner; the abuser can also be your ex-husband, wife or domestic partner, and adult who you are living with or an adult related to you by blood, marriage or adoption, or the parent of your child. Make sure you specify the type of relationship you have with the abuser.
The Type Of Abuse – If the abuser has abused you in the last 180 days. The abuse is defined as physical injury, attempt of physical injury, forceful sexual relations and threats of force. Make sure to describe in detail the type of abuse you suffered and when it was made.
Danger Of Further Abuse – You must show that there is danger of future abuse, such as threats or aggressive behavior from the abuser. These can be older than 180 days.
Credible Threats To The Safety Of The Petitioner – You have to show that the abuser represents a credible threat to your safety; usually, showing the danger of further abuse is enough in this case.
Hopefully, we were able to effectively explain how to obtain a restraining order, the types of restraining orders and how a restraining order to help you live your life in safety. Please inquire about legal services from a practicing attorney. Without aid from an attorney, the likelihood of receiving justice is consistently diminished. Your attorney will know the best way to approach your case and will be able to administer the help you need.