Find Restraining Order Lawyer

Find Restraining Order Lawyer

Restraining Order

A restraining order can be a vital protective tool in order to protect someone from abuse, harassment, or violence. There are many types of restraining order but they generally serve to enforce three main actions: restrict conduct, enforce distance, or expel residents.

Conduct restricting protective orders may legally forbid someone from calling, talking to, attacking, or destroying the property of the protected individual. Distance enforcing protective orders demand that someone stay a certain distance from the individual’s home, work, vehicle, or other important life places. Finally, residential expulsion orders require that someone leave the residence of the protected person taking only essentials until a court hearing decides further details.

The varying Orders of Protection

Depending on the circumstances surrounding an individual filing for a restraining order, the orders may be specific or very broad. For example, a workplace violence restraining order is only used to restrict the conduct of a coworker while a civil harassment restraining order serves to restrict all harassing behavior. The three most common types of restraining orders are emergency protective orders, temporary restraining orders, and permanent restraining orders.

Emergency Protective Orders

An emergency protective order is a unique type of restraining order because it is not actually filed by the individual seeking protection. Instead, police officers will file an emergency protective order if they find evidence of domestic violence. This order lasts three to seven days and is intended to allow the protected individual time to file a formal request for a more permanent restraining order.

Temporary Restraining Orders

A temporary restraining order is granted by the court in order to protect an individual while the final restraining order application is reviewed and considered. Temporary restraining orders are granted when a permanent restraining order is filed. The temporary restraining order will remain in effect until it is either superseded by a permanent restraining order or it is dismissed by the court. Temporary restraining orders remain on the record of the named individual but will be expunged if the court decides not to grant a permanent restraining order.

Permanent Restraining Orders

The most severe form of a restraining order, permanent restraining orders are intended to give long-term relief to the protected individual. Permanent restraining orders do not actually last forever, but grant relief to the protected individual for one year, three years, or five years depending on the severity of behavior and discretion of the court. In addition, permanent restraining orders will be added ot the permanent record of the individual.

Protecting You in Your Time of Need

No one wants to need a restraining order. If you are looking to file a restraining order, it is because the situation has spiraled out of control and you need legal intervention for your own safety. It can be both physically and mentally dangerous to take the step of filing a restraining order against a harasser or abuser. To make the process easier, you should look into hiring an experienced family law attorney. A family law attorney can navigate the application process for you and hire a professional process server to ensure that the named individual is served with proof of service for the court. When the time comes for the hearing, your family law attorney can advocate on your behalf, acting calmly and professionally to ensure your safety is prioritized.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today for a free no-obligation consultation and begin your journey to justice.


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Restraining Order Frequently Asked Questions

1. What is a restraining order?

A restraining order, also known as a protective order, is a legal document that is intended to protect an individual from abuse or harassment. A restraining order is a formal declaration by the Court that the named individual should have no contact with the protected individual.

There are multiple types of restraining orders, each with their own uses and limitations. Some restraining orders, such as an emergency protective order, can be implemented by emergency personnel, while other types of restraining orders require a filing with the court to become active. 

2. How do I get a restraining order?

In order to acquire a restraining order, the applicant must complete an application, file it with the court, and demonstrate to the court that the individual has a reasonable belief that they are in imminent danger due to the actions of the named individual.  This demonstration could include a police report, accounts of abuse or harassment, or any other evidence that shows malicious intent toward the protected individual. If the court finds that the belief of danger is reasonable, they may grant the restraining order.

3. How long does a restraining order last?

Restraining orders vary in length of time depending on their purpose. An emergency protective order only lasts for three to seven days, enough time to file for a more permanent restraining order with the court. Similarly, a temporary restraining order only lasts as long as the court is considering granting a full permanent restraining order.

Despite the name, a permanent restraining order does not actually last forever. If granted, a permanent restraining order will only remain in effect for one to five years.

4. Does a restraining order go on your record?

Not necessarily. Temporary restraining orders are logged with the police in order to ensure that they are enforced but can be expunged if the judge finds no reason to instate a permanent restraining order.  However, if during the course of the permanent restraining order hearing the court finds reason to enact a permanent restraining order, then that will go on the permanent record of the individual it has been filed against.

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