Criminal Defense Attorney – DUI Defense Lawyer

CIVIL RESTRAINING ORDERS
A restraining order is court order that can protect a person from being physically abused, threatened, stalked, or harassed. There are four types of civil restraining orders.

1. Emergency Protective Order:

An Emergency Protective Order may be granted by a judge at the request of a law enforcement officer where there is a danger of domestic violence, child abuse, abduction or elder abuse. Usually the law enforcement officer has been called out to a person's residence for a disturbance. An Emergency Protective Order can last up to 7 days.

2. Civil Harassment Restraining Order:

A Civil Harassment Restraining Order may be granted if a person suffers harassment by someone who is not closely related, such as roommates, neighbors, and co-workers. Harassment is violence, a threat of violence, or actions that really scare, annoy or harass a person, done on purpose and for no good reason. A Civil Harassment Restraining Order can last up to 3 years.

3. Elder or Dependent Adult Protective Order:

An Elder or Dependent Adult Protective Order may be granted for a person who is 65 or older, or between 18 and 64 with certain disabilities, and is a victim of physical or financial abuse, neglect, abandonment, isolation, or treatment that has caused physical or mental injury. An Elder or Dependent Adult Protective Order can last up to 3 years.

4. Domestic Violence Restraining Order:

A Domestic Violence Restraining Order may be granted if a person has been abused by someone who either (1) has a close relationship with the abused person (married or registered domestic partners, divorced, separated, dating or used to date, live together or used to live together), (2) is related to the abused person (parent, child, brother, sister, grandmother, grandfather, in-law), or (3) had a child with the abused person. A Domestic Violence Restraining Order can last up to 5 years.

DEFENDING RESTRAINING ORDERS
If a person has filed for a restraining order against you, you must be given notice of the restraining order and an opportunity to file an Answer and attend a hearing on the matter. At the hearing, a judge will decide whether a restraining order is necessary.

An attorney can make the difference between winning or losing a restraining order by preparing you and your case. Everything matters, including the time you arrive at the hearing, the clothes you wear, the way you sit, and the evidence presented or excluded. A restraining order can affect your relationships severely, so it is important to take them seriously and be prepared.