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The Basics of a Restraining Order

If you’re thinking about getting a restraining order against someone ,the last thing you probably want to worry about is the actual process of doing it. Legal processes are notoriously confusing, but a lawyer can help ensure that you are going about getting your order of protection the correct way. Here are some essential things to know about restraining orders, the process of filing them, and other important details.

Restraining orders are typically filed as a result of physical harm altercations, physical or emotional abuse, stalking, or threats of violence. There are basically two different types of restraining orders, and the main difference between them is the relationships between the parties involved. One type is a Domestic Violence Restraining Order, which is usually filed against people closest to you, like spouses and significant others. The other common type is a Civil Harassment Restraining Order, which is typically against people like coworkers and neighbors.

An attorney who knows the laws on restraining orders can help you with the two part process of filing the order. The first part involves filing for a temporary order, and after about three weeks, you and your lawyer will see a judge and to make a case for making the order a permanent one.

Until you have a permanent order, the temporary stay away order will protect you and keep the offending party from coming near your workplace, your children, or your home. Additionally, the offending party will not be able to contact you by phone, email, or even social networking sites.

A lawyer will be on your side in the matter and will know all of the legalities surrounding your situation and the type of protection you need. A skilled lawyer will be able to approach your unique situation with expertise and will be able to help you get the protective order you need. A lawyer will also know that open and frequent communication and having a trusting relationship is essential for working through your case. You should make sure that your lawyer has all of the information he or she needs to build the best case possible.

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