Emergency Legal Protection When You Need It Most
If you or your children are victims of domestic violence, harassment, stalking, or threats, obtaining a protective order (also known as a restraining order) may be essential to ensure your safety and well-being. Protective orders are court-issued legal documents that prohibit an abuser from contacting, approaching, or harming you and your family members.
Our experienced protective order attorneys understand the urgency and sensitivity of domestic violence situations. We provide immediate legal assistance to help victims obtain emergency protection while ensuring that their rights are fully protected throughout the legal process. We know that seeking a protective order can be emotionally difficult and legally complex, and we're here to guide you through every step with compassion and expertise.
Time is often critical in protective order cases, as victims may be in immediate danger. We prioritize these cases and work quickly to help you obtain the legal protection you need while providing the support and guidance necessary to navigate this challenging time in your life.
Understanding Protective Orders
Protective orders are legal tools designed to protect victims of domestic violence, harassment, stalking, and other forms of abuse. These court orders can provide immediate relief by legally prohibiting an abuser from engaging in specific behaviors that threaten or harm the victim and their family members.
Protective orders can include various types of relief, such as prohibiting contact between the abuser and victim, requiring the abuser to stay away from the victim's home, workplace, or children's school, granting temporary custody of children to the victim, and requiring the abuser to surrender firearms. The specific provisions included in a protective order depend on the circumstances of each case and the type of protection needed.
Violating a protective order is a serious criminal offense that can result in arrest, prosecution, and significant penalties including fines and imprisonment. This legal consequence provides an important enforcement mechanism that helps ensure the effectiveness of protective orders in keeping victims safe.
Types of Protective Orders
Emergency Protective Orders
Emergency protective orders provide immediate, short-term protection when there is an imminent threat of harm. These orders can often be obtained quickly, sometimes within hours, and typically last for a brief period (usually 7-21 days) until a hearing can be held for a longer-term order. Emergency orders are designed to provide immediate safety when victims are in immediate danger.
Temporary Protective Orders
Temporary protective orders (also called ex parte orders) can be obtained without the abuser being present in court. These orders typically last for several weeks and provide protection until a full hearing can be held where both parties have the opportunity to present evidence. Temporary orders bridge the gap between emergency protection and permanent orders.
Permanent Protective Orders
Permanent protective orders are issued after a full hearing where both parties have the opportunity to present evidence and testimony. Despite being called "permanent," these orders typically last for a specific period (often 1-5 years) but can be renewed if necessary. Permanent orders provide long-term protection and can include comprehensive relief tailored to the victim's specific needs.
Civil Harassment Restraining Orders
Civil harassment restraining orders protect victims from harassment, stalking, or threats by individuals who are not family members or intimate partners. These orders can be used to protect against harassment by neighbors, coworkers, acquaintances, or strangers who engage in threatening or harassing behavior.
Workplace Violence Restraining Orders
Workplace violence restraining orders protect employees from harassment, threats, or violence in the workplace. These orders can be sought by employers on behalf of employees or by employees themselves when they face threats or violence from coworkers, customers, or other individuals in the workplace setting.
Grounds for Obtaining Protective Orders
Protective orders can be obtained when there is evidence of abuse, harassment, or threats that create a reasonable fear for safety. The specific grounds for obtaining protective orders may vary by jurisdiction, but generally include:
Domestic Violence
Physical abuse, threats of violence, or other harmful behavior between family members, intimate partners, or household members. This includes current and former spouses, dating partners, cohabitants, and family members related by blood or marriage.
Stalking
Repeated following, harassment, or threatening behavior that would cause a reasonable person to fear for their safety or the safety of their family members. Stalking can include physical following, unwanted communications, surveillance, or other intrusive behaviors.
Harassment
Repeated unwanted contact, communication, or behavior that serves no legitimate purpose and would cause a reasonable person to suffer emotional distress. This can include unwanted phone calls, texts, emails, letters, or other forms of unwanted communication.
Threats of Violence
Verbal or written threats to cause physical harm to the victim or their family members, even if no physical violence has yet occurred. Threats can be direct or implied and may be communicated in person, by phone, in writing, or through electronic means.
Sexual Assault or Abuse
Any form of sexual violence, assault, or abuse, including rape, sexual battery, or other unwanted sexual contact. Protective orders can provide important protection for sexual assault victims while criminal proceedings are pending.
Common Protective Order Provisions
Protective orders can include various provisions designed to protect victims and their families. The specific provisions included depend on the circumstances of each case and the type of protection needed:
No Contact Orders
Prohibiting the abuser from contacting the victim in any way, including in person, by phone, text, email, social media, or through third parties. This includes both direct and indirect contact attempts.
Stay-Away Orders
Requiring the abuser to stay a specified distance away from the victim's home, workplace, school, children's school, or other locations the victim regularly visits. The distance is typically measured in yards or feet.
Residence Exclusion
Requiring the abuser to move out of a shared residence and prohibiting them from returning, even if they own or lease the property. This provision ensures that victims can remain safely in their homes.
Child Custody and Visitation
Granting temporary custody of children to the victim and establishing safe visitation arrangements if appropriate. This may include supervised visitation or suspension of visitation rights if children are at risk.
Firearm Surrender
Requiring the abuser to surrender any firearms or weapons they possess and prohibiting them from purchasing or possessing firearms while the order is in effect. This provision is crucial for victim safety.
Financial Support
Ordering temporary financial support for the victim and children, including spousal support, child support, or payment of household expenses. This helps ensure that victims can maintain financial stability while seeking protection.
The Protective Order Process
Understanding the protective order process can help you prepare for what to expect when seeking legal protection:
1. Emergency Consultation
We provide immediate consultation to assess your situation, determine the appropriate type of protective order, and begin the application process as quickly as possible.
2. Application Preparation
We help you prepare a detailed application that includes all necessary information and evidence to support your request for protection, including documentation of abuse or threats.
3. Court Filing
We file your application with the appropriate court and request emergency or temporary protection if immediate danger exists. This can often be done the same day.
4. Temporary Order Hearing
If a temporary order is granted, we represent you at the hearing and present evidence to support your request for continued protection.
5. Service of Process
The protective order must be properly served on the abuser to become effective. We ensure that service is completed according to legal requirements.
6. Permanent Order Hearing
We represent you at the hearing for a permanent protective order, presenting evidence and testimony to support your request for long-term protection.
7. Enforcement and Violations
We help you understand your rights under the protective order and assist with enforcement if violations occur, including working with law enforcement and prosecutors.
Our Protective Order Services
Emergency Legal Assistance
We provide immediate legal assistance for victims who need emergency protection. Our attorneys are available to help you obtain emergency protective orders quickly when you're in immediate danger, ensuring that you receive the protection you need as soon as possible.
Comprehensive Case Preparation
We help you gather and organize all evidence supporting your request for protection, including medical records, police reports, photographs, witness statements, and documentation of threats or abuse. Thorough preparation strengthens your case and improves the likelihood of obtaining protection.
Court Representation
We represent you in all court proceedings related to your protective order, including hearings for temporary and permanent orders. Our experienced attorneys present compelling cases that demonstrate the need for protection and advocate vigorously for your safety.
Safety Planning
We work with you to develop comprehensive safety plans that help protect you and your family both during and after the protective order process. This includes practical advice about staying safe and connecting you with additional resources and support services.
Violation Enforcement
If the abuser violates the protective order, we help you take immediate action to enforce your rights. This includes working with law enforcement, documenting violations, and pursuing additional legal remedies to ensure your continued protection.
Order Modifications and Extensions
We assist with modifying existing protective orders when circumstances change and help you obtain extensions when continued protection is needed. We ensure that your protective order continues to meet your safety needs over time.
Additional Support and Resources
Obtaining a protective order is often just one part of a comprehensive safety plan. We help connect our clients with additional resources and support services that can provide ongoing assistance:
Domestic Violence Shelters and Safe Housing
We can help you connect with local domestic violence shelters and safe housing programs that provide temporary accommodation and support services for victims and their children.
Counseling and Support Services
We can refer you to counseling services, support groups, and other mental health resources that can help you and your children cope with the trauma of abuse and develop healthy coping strategies.
Financial Assistance Programs
We can help you identify financial assistance programs, including emergency financial aid, housing assistance, and other resources that can help you achieve financial independence and stability.
Legal Aid and Pro Bono Services
For clients who cannot afford legal representation, we can help connect you with legal aid organizations and pro bono services that provide free or low-cost legal assistance for domestic violence victims.
Get the Protection You Need Today
If you're a victim of domestic violence, harassment, stalking, or threats, don't wait to seek legal protection. Your safety and the safety of your children is paramount, and protective orders can provide crucial legal protection when you need it most.
Our experienced protective order attorneys are here to provide immediate assistance and guide you through the legal process with compassion and expertise. We understand the urgency of these situations and work quickly to help you obtain the protection you need while providing the support and advocacy you deserve.
Contact us immediately if you're in danger or need legal protection. We're here to help you take the first step toward safety and provide the legal representation you need to protect yourself and your family.