How a Lawyer Can Help You Get a Restraining Order
Restraining orders are crucial to the safety of those at risk of harassment or abuse. There are several different types of restraining orders that a person can ask for, depending on their situation.
You can get a restraining order without the help of a lawyer, but lawyers make the process faster and have insight into what to say and not say, and how much proof you'll need.
When you are highly emotional, as you likely will be if you need a restraining order or are defending yourself against one, a lawyer can keep you grounded, calm and provide reassurance.
Domestic violence restraining orders are appropriate for individuals facing harassment and abuse from a spouse, romantic partner, former spouse/romantic partner, or close family member (i.e. parents or siblings).
Civil harassment restraining orders are appropriate for individuals facing harassment and abuse from someone with whom they are not romantically involved or closely related. Examples include neighbors, roommates, friends, coworkers, cousins, etc.
Elder abuse restraining orders are appropriate for individuals 65 years of age or older who are facing harassment or abuse from partners, former partners, relatives or caregivers, which may include financial abuse.
The types of restraining orders and requirements can vary by state.
How can a lawyer help me get a restraining order?
Lawyers can be a huge advantage in navigating the process.
Realizing that you need a restraining order is stressful enough without the added burden of figuring out what the laws are and what types of orders you can ask for.
Lawyers can help explain all of your options and help you decide which option is best for you. They can also help argue your case in court to show the judge why this restraining order is crucial for your safety.
Demystifying an Intimidating Process
Many hesitate to ask for a restraining order because the other person is intimidating.
You might also hesitate because it’s an intimidating process that you don’t know how to navigate.
A lawyer will be by your side the entire time. You can discuss your fears and what you need to feel safe.
They will also be fighting by your side in the courtroom at your hearing -- whether the hearing is virtual or in-person. You won’t be going in alone.
Paperwork
Restraining orders involve large amounts of complicated legal paperwork and deadlines.
Attorneys are familiar with legal paperwork and can complete your forms for you, keep track of deadlines, and file your forms on time.
Financial Concerns
If there are financial concerns involved -- maybe the person you need protection against is the person who pays some of your bills, for instance -- a lawyer can help you figure out how to ask for financial assistance.
Maybe you’d like the restrained party to keep paying the bills for a certain period of time, or until you move out. A lawyer can help write out the orders you are requesting, and explain your reasoning to the judge.
If you live with your abuser and would like to request a move-out order, an attorney can discuss with you how to go about that process. They can argue your case for a move-out request as well.
Enforcement
If your restraining order is granted and you believe the other party is violating the order, an attorney can help make sure your concerns get to law enforcement.
They can also help make sure your orders are specific enough to protect you.
When a judge signs a restraining order, the restrained party must abide by it. If they continue to violate the restraining order, a lawyer can help you get back in the courtroom to bring these violations to the judge’s attention.
Contesting a Restraining Order
If you feel that someone is unjustly asking for a restraining order against you, you should speak with an attorney. A lawyer is the best person to help argue your case and explain your story to the judge.
If you need help with a restraining order, we are here to help. Contact us to get connected with a lawyer today.
This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.
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