When you’ve suffered from harassment or abusive behavior from someone that you’ve been close to (or maybe someone you’ve never known before), you may be already experiencing a turmoil in your life. You’re fearful, stressed, and can’t seem to feel comfortable no matter where you are.
Although you might not want to deal with some of the stresses that can inevitably follow a lawsuit, filing a restraining order can provide a sense of relief knowing that the law is in order to protect you. When you have one of the top domestic violence attorneys on your side, filing a restraining order can be much simpler than you think, and can help you live in a comfortable, stress-free life.
What is a Restraining Order?
While filing paperwork against your abuser may not seem as serious as jail time, it can definitely lead to long-term, significant consequences if the opposing party doesn’t comply. Protective orders (also known as Domestic Violence Restraining Orders or DVRO’s) can be legally binding orders that are permanently or temporarily placed depending on the status of the relationship between both parties.
Restraining orders have been used to litigate the relationships typically between:
• Close blood relatives and immediate family members;
• Parents of a common child;
• Roommates or cohabitants (present or former, heterosexual, homosexual, bisexual, or transsexual);
• Partners, a non-married, intimate relationship;
• Couples involved in a dating relationship; and
• Couples engaged to be married
• Spouses, whether by marriage or common law
The Steps You Need to Take to File a Restraining Order
The process for filing a restraining order has a few variables, but your domestic violence lawyer will be able to guide you through the process to make it easier for you to manage. Here are the typical steps:
• Depending on the county that you stay in, you may be required to inform the respondent that you are going to file a restraining order prior to filing.
• You will need to file paperwork with your local courthouse to have the paperwork approved by a judge.
• The judge will set a hearing date to decide whether or not to temporarily approve your order.
• The official court documents should be served to the respondent within at least 5 days of the hearing that was just set.
• You’ll need to prepare for your hearing, collecting any evidence of the ill-mannered behavior that has to lead you to file a restraining order.
• Your hearing will take place, allowing the judge to approve or deny the order based on the evidence presented by both parties.
How Can Your Lawyer Help You Throughout This Process?
When handling sensitive circumstances that have to do with abuse and your safety, you need someone that is going to fight for your right to live a safe life without constantly having to look over your shoulder. Your lawyer does just that by representing you by helping you properly file your paperwork in a timely manner, offering only the soundest legal advice, and prepares legal documents to adequately represent you in court. Also, they will be sure to support you through any interactions that you may have to have with the respondent, helping you navigate them in a way that keeps your well-being as our highest priority.
The Law Office of Mujdah Rahim has assisted in many divorces and family law cases, but not all of them end so smoothly. We’re passionate about making sure that each of our clients feels safe throughout the process of separating from their partner during and after their lawsuit.