Disagreements, heated debates, and even arguments are part of most intimate relationships. Unfortunately, in some situations, spouses or partners do not fight fairly. When one person in a relationship becomes physically or mentally abusive towards the other, many things can happen. Injuries, illnesses, and even death can result from exposure to prolonged physical and emotional abuse.
Often, the party who is being abused is afraid to ask the person who is abusing them to stop doing so. They may also be afraid to seek help, for fear that they will be abused even more severely once it is discovered that they are receiving assistance in getting to a safer situation. Where abuse is present, it can pervade the entire household, as abused parties are unlikely to step in and prevent their abusive spouses or partners from harming children, pets, and even other adult family members. That is where a restraining order can help.
What is a Restraining Order and How Can it Help?
A restraining order, also known as an order of protection, is a form of court order that requires a party to do, or to refrain from doing, certain acts. In general, a restraining order can keep you and others who are in danger, such as your children, safe by requiring the person who poses a threat to you to refrain from being near you, and to stop contacting you, among other things.
If you need a restraining order against someone in your life, here are ten good reasons that you should ask a restraining order attorney to assist you throughout the legal process:
- Temporary Restraining Orders (TRO) are fairly simple to obtain, and many people obtain them on their own, usually with assistance from the police. Temporary restraining orders usually last for approximately five to seven days. With the help of Bay Area Lawyer Lucy S. McAllister, you can get an additional temporary restraining order, or even a permanent one, to extend your protection.
- Permanent Restraining Orders (PRO) can last for five years. An experienced attorney can help you to show the court that you do in fact need a permanent restraining order in place to keep yourself and your children safe.
- When you get a restraining order, it is important that the order includes all of the restrictions that are necessary to keep you, and others who will be protected by the order, safe. From requiring the person subject to the order to continue paying certain bills, to specifying who can use items that the two of you own jointly, Bay Area Attorney Lucy S. McAllister can help you to obtain a restraining order that addresses your unique needs.
- In order to obtain a restraining order, you must fill out paperwork. The court staff are not able to assist you in filling out the paperwork. It is important that you understand the forms that you are filling out, so that you can complete them in a way that will enable you to get what you need out of the restraining order process. Consulting with a knowledgeable attorney is a good way to ensure that you understand the restraining order forms, and that you complete them correctly.
- If you already have a restraining order against someone, and they have violated it, Attorney Lucy S. McAllister can make a motion to the court, asking the court to find that they have violated the restraining order and to issue an appropriate penalty for that violation.
- When you go to court to ask for a restraining order, the person whom you are seeking a restraining order against is likely to attend the hearing in order to defend themselves. It is not uncommon for parties who are seeking a restraining order to feel apprehensive about facing someone in court that they feel unsafe with. Attending your restraining order hearing with an attorney by your side can be much less intimidating than going it alone.
- There are multiple types of restraining orders available in California, and it is essential that you ask the court for the appropriate type of order for your situation. For example, you cannot get a Custody Order in conjunction with a Civil Harassment Order, but you can get one with a Domestic Violence Order. Attorney Lucy S. McAllister can help you to choose the order that will provide you with the protection that you need.
- In some cases, you may be able to have the court require the person against whom you are seeking a restraining order move out of your home. A seasoned attorney can help you to learn more about move-out orders, and can help you to pursue one if it is appropriate for your situation.
- When you ask the court for a restraining order, the court will want to see evidence of the conduct that you feel is threatening to you. Your attorney can help you to organize threatening messages, texts, photos of property damage, and any other evidence of threatening behavior and present it in a compelling manner to the court.
- During this difficult time in your life, it can be comforting to know that there is someone who is looking out for you. Attorney Lucy S. McAllister cares deeply about her clients’ best interests. You can count on Attorney McAllister to provide caring support to you and answer any questions that you might have as you pursue your restraining order.
Bay Area Family Law Attorney Lucy S. McAllister has a history of helping clients protect themselves through the use of restraining orders. Pursuing a restraining order can be difficult, especially if you have experienced ongoing physical or emotional abuse. When you choose to stand your ground and pursue a restraining order against someone who is harming or threatening to harm you or your children, it is a good idea to seek the assistance of an experienced legal practitioner to take a stand with you.
To schedule an initial confidential consultation, please call Lucy S. McAllister (415) 939-9396 (in San Francisco) or (408) 947-5946 (in San Jose) or toll free at (877) 280-9944.