Do I Need a Lawyer to Get a Restraining Order?
No, you do not need a lawyer to get a restraining order. However, you may wish to have a lawyer, especially if your situation is going to go to trial. If you can, it is usually advisable to contact a lawyer to ensure that your legal rights are protected.
What type of restraining order do I need?
There are several types of restraining orders that exist to meet your needs in your specific circumstance. Most are familiar with ‘Domestic Violence Orders for Protection’ (DVOP). DVOPs are an option when one, or more, of the following things occur: physical harm, bodily injury, assault, sexual assault, or stalking. To be eligible for a DVOP one of the above situations must have occurred between family or household members. In addition, making you fear immediate physical harm, bodily injury, or assault are also circumstances where a DVOP may be in order. There are two types of DVOP, temporary and final protection orders. Stalking protection orders exist as well to provide protection from a person who is stalking you, or even cyberstalking you. If, however, you are being stalked by a current or former intimate partner, you would want to seek a DVOP. Civil Anti-Harassment Orders exist to provide protection against someone who is harassing you, regardless of your relationship. Sexual Assault Protection Orders provide protection from those who have sexually assaulted you. A Vulnerable Adult Protection Order provides protection for vulnerable adults who are victims of abandonment, abuse, financial exploitation, neglect. This type of order is also available if there is a threat of one of these situations. And finally, an Extreme Risk Protection Order that temporarily restricts access to one’s guns they may possess if they pose a threat to their person or others.
What are the steps to get a restraining order?
Depending on the type of order you are seeking, typically there are forms that must be filled out. In addition, for a DVOP you would need a hearing whether by phone or in person, with or without your abuser. The offender must be “served” with notice of the legal issue. The paperwork will be sent to the local law enforcement agency to ensure enforcement. If you want to get a final order, you must go to a hearing. These hearings are examples of reasons to hire a family law attorney to defend you and fight for your protection. Stalking Protection Orders involve more paperwork. Civil Anti-Harassment Orders require a fee and paperwork. For a Sexual Assault Protection Order you must show that you have been abused sexually, though the court cannot require proof. A Vulnerable Adult Protection Order can be filed by yourself as the adult in danger, someone else, or even the Department of Social and Health Services. And finally, for an Extreme Risk Protection Order you must provide the information of location and quantity of all weapons.
Regardless of the type of danger you are in, filing an order of protection is of utmost importance. Hiring an attorney will ensure you have filed everything correctly and that you get the best protection possible. If you need to move away from your abuser, your order is still enforceable. Always seek help when you are in danger.