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Published On: Thu, Jun 20th, 2019

What is restraining order means, and who can help out?

If you are being stalked or harassed in public or you are facing abuse or violence, whether at home or publically, you can ask the court for help to get the control the entity that harmed you. The legal term to control such entities is restraining order prevents the person to be in contact with the petitioning party.

A restraining order stops a person from certain actions, mostly contacting another individual to prevent harm. The restraining order assures that the petitioner is safe and that the person is not into any harmful situation during the case.

The attorney that is specialized with a restraining order can help the individuals to know what type of restraining order they need and what other plus they can have. Restraining order attorney first apply for temporary orders so the party can be restrained until the final decision by the court.

photo/ jessica45

Where can I ask for a restraining order?

The restraining orders help in protecting the victim from another individual. A petitioner can ask for temporary orders so that he/she can be restrained until the hearing process starts. The restraining orders can be granted in many cases.

The orders help a victim to stay secure, protected, but not bound in any fear. It helps the victim to move freely and to get out of the range of the risky situation or the person.

The restraining orders can be asked against any dangerous hence sensitive case like assault, harassment, and abuse. It becomes permanent after hearing. The order points are based on the condition of the case like:

Divorce Cases and domestic violence:

In divorce cases, the orders to the restraint and the respondent can differ. They can be asked in divorce cases to prevent taking a child out of the country or to prohibit the selling of marital property.

The restraining order can include a different provision under the case circumstances like:

  • No Contact Provision: it restraint the respondent from any the contact with the protective person including email, texting, calling, and stalking. It assures the protection by stop restrained by a person from hitting or attacking the victim
  • Peaceful Contact Provision: it allows the abuser to contact the victim but in a peaceful manner. It also includes visiting the child as the court ordered.
  • Stay Away Provision: It enforces the abuser to maintain a distance from the contact, including public places like school, job, or even vehicles. The distance is usually 100 yards at least, but it can vary according to the judge’s order.
  • Move out Provision: If the victim and abuser share a house, these orders protect the victim by ordering the abuser to move out of the house.
  • Firearms Provision: In this order, the culprit is not allowed to possess any firearms, and if had any then they must be surrendered to the court. It also prohibits the abuser from buying any firearms.
  • Counseling Provision: The court can order the abuser for attending counseling sessions for anger management and batterer’s intervention, etc.

Harassment Cases

The restraining orders can be asked by a guardian for the minors in many cases, including the harassment cases. The restraining order can be issued against any individual and organizations. It can also be issued against the people involved in crime or the people promote and support the crime. Any adult or a police officer can serve the order on the person restrained by.

There can be many more types of cases like threatening, stalking, etc. that can be valid for restraining orders. The correct way to proceed for the case can be asked by skilled people. Restraining order attorneys helps to understand the requirement of the case and if it the valid case or not.

Why do I need restraining order attorney?

The restraining orders are issued on very sensitive cases like divorce, assault, harassment, cease abuse, and others. The help from a professional is need during the case to clearly represent your merit in the case in front of a court and to step carefully under the supervision of specialized in preventing any hurdle.

There can be two parties involving in the case; the petitioner and the respondent.

The petitioner needs the lawyer’s help to file the application legally. The lawyer also helps the party to understand the laws and circumstances according to the case, and they also help to overcome the obstacles that can be caused by lawsuits or the opponent.

Respondent also needs a lawyer for the defense. If the respondent is not the culprit, then it is much needed to take professional help. The lawyer can embody the respondent to present his/her merit in front of the court. The lawyer studies the case to ensure that the client must not be framed or victimized. The Attorneys in this situation fight for the defense and ensure that balanced justice is provided to both the parties. They also ensure that the respondent also gets his/her right and the order that is passed also include the necessary clause about the respondent right.  

The lawyers specialize in restraining order lawsuit deeply investigate the case so that they should support the correct party in the right manner. The attorneys help the clients in the whole process. Attorneys help the clients to understand the clauses and not to overlook anything. The attorneys are also needed for peace talks between the parties.

What is the process?

The process of getting a restraining order is the same as basic case filing; the prominent differences are the forms by which the case has to be filed. Precise but complete and required information must be written in the form field. Who is filing the case and who will be the respondent for the case should be mentioned. The reason should be written in the form. The further steps of the process are mentioned below in details, and the attorney can also help to understand these steps.

  1. The first step is to file the case and ask for the emergency protective order from the police. Now, you can apply for the next step that is a temporary protective order within 7 days. For this step, you need to file the case in a local country courthouse and file the case by filing the form with correct and precise information. The form can be print from online and also available at the courthouse.
  2. The temporary protective order is generally issued to the next business day. The form is passed the form passed to the judge through the clerk, you need to submit the complete form, and the judge assesses the case and decides to issue the order. You need to go to the court to check if the order is granted or not.
  3. If you are granted the temporary restraint order, several copies of the order will be provided to you. The order will be valid till the court hearing that is 3 weeks usually. You need to take a copy of the order with you during this period and to give to others as well in your house. The restraining order also served on the person who is restrained by it. Any adult or even police can serve the order.
  4. When you get the hearing date, it is possible that you will get a permanent restraining order to serve, if required. You need to fill many forms and to present many documents to support your case. The professional help can make it far easy to fight the case and to step correctly during the case.
  5. The protective orders restrain the person (respondent) to contact, but in domestic violence cases, it stipulates the restrained to pay the utilities, mortgage, rent, etc. It also allows the protective person to live in the house and grant the possessions on vehicle and other things. You need a lawyer to take care of the terms of the order and prevent you from overlooking anything

If the respondent person failed to present in the court, the restraining orders would be grant as permanent to the petitioner. And if the person who has filed the case for protective order fails to present in the court, then the temporary orders will be expired.

Conclusion

The lawsuits have many complexions in sensitive cases and the individuals, whether it is the petitioner or respondent, need help from the attorneys to assist throughout the case until justice is received by the right party. There is a large process to fight for and against the restraining orders.

The case can be turned at any time, depending on the opponent’s action. Attorneys prepare the clients for any circumstances and handle the situation. The attorneys to counsel about the case are available in the court as well as on the websites. RETRAINING ORDER ATTORNEY is a website that provides attorneys to Los Angeles, California. They have the skilled professional and help you out to find a specialized attorney for the case

Author: Michael Wright

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