Restraining Order and Stalking Orders
Restraining orders are designed to protect an individual that has been the victim of abuse by their partner or other household member. A restraining order is appropriate if the individual is in danger of further abuse from the perpetrator.
If you feel that you need a restraining order then you have options. First, you can attempt to fill out the forms on your own and request that a judge grant you the protective order. If you make the request then you will have to go to Court and explain to the judge why you are in danger of further abuse. The respondent (the person you are seeking the order against) will not be present for this hearing. If you feel that you need a restraining order then you also have the option of contacting me. It WILL be an advantage for you if you hire me or consult with me before you file your restraining order. If you have already filed for the restraining order then you still have the option of retaining an attorney to assist you.
Restraining orders are sometimes necessary, but they are often times unnecessary and used by individuals to gain an advantage over their spouse or partner. People file them because they are angry or because they are attempting to get custody of their children. In fact, the vast majority of restraining orders are entirely unnecessary. However, judges are very quick to grant them. If you have been served with a restraining order then you should not attempt to defeat it without an attorney. Call me for a consultation.
Click here for a copy of the bench book. This is the resource that the Judges use to review a restraining order case.
A stalking order is designed to protect a person that has been the victim of repeated unwanted and alarming contact of another person. Stalking orders differ in several important ways from restraining orders.
• While a restraining order lasts for one year, a stalking order is permanent.
• Violation of a stalking order is a crime and repeated violations can result in a prison sentence.
• The parties do not have to be related by blood or household. A stalking order can be imposed against anyone.
If you feel that you have been the victim of stalking and you are concerned about continued alarming conduct then you should seek the assistance of a lawyer. You must be careful and accurate when filling out a request for a stalking order. Everything that is written in a stalking order petition may be used to discredit you in Court. You should contact me for a consultation. I will advise you on whether a stalking order is appropriate in your case and I will help you obtain a stalking order if you hire me.
If you have been served with a stalking order then you need an attorney. Even if you plan to never have contact with the petitioner again, you still need an attorney. The consequences of having a stalking order against you are tremendous. I have defeated many stalking orders in my career. They are always difficult and complicated cases. You should not attempt to defeat it on your own. Contact me for a consultation.