14 Apr Restraining Order Filing Explained Step by Step
While no one wishes to need a restraining order in their lives, unfortunate circumstances lead to that happening for various people. Needing a restraining order is a scary thought, and the time spent getting one and thinking about getting one is fearful for even the strongest of people. The process must not be difficult, however, as, in the long run, it’s of the utmost importance that you are safe and happy.
Luckily Divorce Lawyers exist to assist you in getting through the process as smoothly as possible. In the case of needing a restraining order for someone who you are not married to, plenty of options still exist. The worst thing you can do is attempt to navigate the legal system on your own. Seek the proper help instead.
Understanding your rights and how to use them is essential in successfully obtaining and using a restraining order. Here’s a step by step guideline to show you the way.
Step by Step Guide to Filing a Restraining Order
1. Understand What You’re Filing For
Restraining orders are serious business. Filing for one for the wrong reasons can be costly both in the wallet and in general life. Restraining orders, which come in temporary form or more permanent forms, protect the filing party from any abuse. That means stalking, verbal abuse, mental abuse, physical abuse, and more. There are various types of restraining orders that cover various types of situations, so it is essential you understand which type you wish to file for and why. Filing for the wrong kind can get you the wrong kind of protection, thus negating the purpose of the order.
2. Hire a Restraining Order Attorney
Restraining Order Attorneys work tirelessly to ensure you handle your restraining order filing correctly. That means understanding which type you wish to file, the cause of the request, and more. Each case is handled on an individualized basis, thus making certain that no details are missed. There is assistance in case of your restraining order being debated or questioned. An Attorney helps fight for your rights and guard you in the legal system. Fighting the battle alone is navigating uncharted waters without any idea how to swim. Restraining Order Attorneys studied the law and know the ins and outs to best assist you in filing your restraining order.
3. File the Correct Restraining Order
As mentioned earlier, there are various types of restraining orders. The reasoning for your order will go a long way towards determining which type of order you must file. For example, if you feel you are being threatened within your own home, filing a Civil Restraining Order is the way to go. A Civil Restraining Order takes the necessary steps to remove the threatening person from your home. This also works to gain custody of any children or family members you wish to gain custody of. Restraining orders are meant to protect you from harm and allow you to live life to the fullest without conditions. Part of that process entails removing threats and taking legal actions against anyone who gets in the way of your safety.
However, restraining orders in the general sense are made to keep threatening parties a certain distance away from you. While Civil Restraining Orders focus on your home life, they still keep the threatening party away from you in other places as well. Regardless of the kind of restraining order, you will be separated from whoever is threatening you. That is the key of filing a restraining order, and the end result you should be looking for if you file one.
4. Prepare With Your Attorney For Possible Court Proceedings
While in a perfect world your restraining order will be given without any hiccups, plenty of times there are arguments that come against the order. Odds are any threatening party will not wish to go down easily, so they will take legal actions of their own. Again, this stresses the importance of having a Restraining Order Attorney by your side.
In the case of having a family with the person you are filing your restraining order against, family court is a common destination for proceedings. There is a conundrum faced if the order goes through. This is because you live in the same home as the kids the threatening party wishes to see. The threatening party cannot see the kids by the law of being far enough from you, thus making it so they must stay that distance from the kids as well.
With that, Family Court works as a place to work out the different concerns of who can see the kids when. When filing a restraining order it is important to know you could end up in Family Court, but your Restraining Order Attorney will be best prepared to help you receive the results you are looking for.
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