What Kind of Lawyer Do You Need to Fight a Restraining Order?

By Alexis Scott

You have been served with a restraining order. Now what? If you want to fight the order, you will probably need an attorney. Depending on your circumstances, such as if children are involved, you may want a specific type of attorney, such as one who practices family law.

Function

A restraining order is a tool used by the court to keep people away from certain places or certain people. It is most often issued when a person feels in danger or threatened by another. Restraining orders are also used by companies to keep a person away that has committed a crime on their premises.

Significance

Having a restraining order issued against you basically gives you a criminal record. Also the person or place that has the order against you can use it make your life difficult. Often people that want the protection use the restraining order to harass the other person. Any small violation of the order can land a person in jail.

Getting a Lawyer

Depending on your case, you may want a specific type of lawyer. If your restraining order is coming from a family case, you may want to hire a family attorney. Restraining orders are common in divorce and custody cases, if your situation revolves around these issues, a family attorney might be more helpful because they will be able to help with the other aspects of your case. If the restraining order is from a domestic violence or other type of criminal case, a criminal attorney would be more appropriate.

Warnings

If you are facing a potential restraining order, you should definitely fight it. Having an order could potentially mean jail time or worse for someone. If you don't fight it, then that person will have the ability to call the police if there is any violation of the order. This can be a huge concern when children might be involved.

Considerations

If there is a possibility of working something out without the courts involvement, it might be in your best interest to do so. Settling things out of court is always more advantageous than wasting the time and expensive of going to court. Also, when looking for an attorney, make sure they have experience in this area, that they are more concerned about your best interests and that they don't overcharge you.

About the Author

Alexis Scott has been writing since 2002. Contributing to various online publications, she authors a bi-weekly legal advice column for SDGLN.com. Scott is also a partner in a San Diego law firm, specializing in criminal, family and civil law. She attended the University of Nevada, Reno, and received her Juris Doctor from the Thomas Jefferson School of law.

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