An experienced restraining order attorney can provide invaluable help in avoiding violations of an order of protection. Generally speaking, judges issue temporary orders without hearings for allegations of abuse or threats made against another party.

Protection levels provided are of great significance; restraining orders can greatly restrict your freedom and determine where and who can contact you.

Representation in Court

Restraining orders (or protective orders) provide an extra level of legal protection from domestic abuse and harassment, setting forth who the defendant can and cannot contact, places they must avoid and other provisions that if violated could lead to criminal contempt of court charges against them.

Protective orders can cover abusive behavior from siblings, spouses/former spouses, boyfriends/girlfriends, children/parents/adult offsprings of adult offsprings of ex-partners/co-workers and any acquaintance. It can also cover domestic violence perpetrated against an intimate partner who is neither family nor ex-partner related.

Once you meet all of the requirements and file your paperwork, a hearing will be scheduled with a judge to allow both parties to give evidence and testify about any abusive behaviors that occurred. Following that hearing, a decision will be made by the judge regarding issuing either temporary or final restraining orders as necessary.
Representation in Negotiations

Employing the services of an attorney during these interactions can be essential in avoiding an order that restricts your rights. An experienced lawyer knows how to negotiate with alleged abusers and shield your interests effectively.

Judges can issue temporary restraining or protective orders when hearing allegations that you have injured or threatened another individual, or are likely to do so in the future without restraint. The standard of proof in such proceedings, known as preponderance of evidence, is significantly lower than criminal trials.

Final orders of protection, also known as permanent restraining orders, typically last up to five years and include a stay away order that requires the defendant not to come within a specified distance of the petitioner, their children, place of employment or other locations as specified in the order. It can also prohibit communication between defendant and petitioner by telephone, social media or email.
Representation in Appeals

In restraining order cases, it is possible for the judge to rule against issuing a permanent restraining order and you have only limited time to appeal the decision; an experienced lawyer in this field would be necessary in these instances.

At this stage, it is time to be ready to present evidence and testify on your own defense. If there are witnesses available for trial testimony, these individuals should receive subpoenas so their testimony may be presented before a judge.

Violating such orders can result in arrest and civil or criminal penalties; even if the accusations against you are false, always consult a restraining order attorney prior to trying to break its terms - the right restraining order attorney can ensure your rights are safeguarded throughout this process.
Representation in Criminal Cases

Sydney law permits victims of domestic or sexual violence or assault to petition Family Court for an order of protection, which prohibits their perpetrator from coming within certain distance of them or coming near. Such orders often call for them to leave shared residences as well as stay away from work locations where the plaintiff works; additionally they often stipulate payment of attorney's fees, medical expenses and any damages suffered as a result of abuse to be covered by the defendant.

Restraining orders typically last two years unless changed or removed by the judge; they remain in place even if parties reconcile, which makes restraining order lawyer an invaluable source of advice regarding violations of these orders. Criminal courts provide full orders at arraignment while limited orders can also be issued with consent of the DA for cases that remain active.