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In an abusive situation, a restraining order serves as your legal protection from abuse and harassment. Getting this legal document can be a long and complicated process moreover if you know nothing about the law. That becomes the question, do you need a lawyer for a restraining order?
In general, the presence of an attorney makes legal processes easier because you have someone who ensures your legal rights are fully protected. But is it necessary to hire a lawyer to get your restraining order? Get to know the answer before you spend a lot of money.
Do You Need a Lawyer to Get a Restraining Order?
No. You are not required to have a lawyer to get an order of protection. Whenever you need to protect yourself or your family from an abuser, you must fill out paperwork and file it at a county courthouse. But some situations require you to go to trial and this is one of the reasons why you need a lawyer.
The intricate hearing process can be overwhelming for an individual who is lack law knowledge. An attorney can assist you if you are too afraid to speak up. He will also defend you during the hearing, which increases the opportunity of getting the order.
In addition, a lawyer will make sure your documents are all correct, complete the paperwork, and make sure your situation qualifies for a protection order. Thus, you can focus on other things that matter for your safety and mental health.
During the process, some courts may advise you and the defendant to hire a lawyer as your representation. In case you cannot afford a legal advocate, the court will assign a lawyer for you for free. You must be a low-income individual to qualify for a free lawyer.
It never goes wrong to hire a legal advocate during the process, especially if the abuser has one. If you are not daring enough to communicate with the defendant, your lawyer will do it for you. Even if you know nothing about the law or restraining order, the attorney makes sure you get what you deserve.
Do you need a lawyer for a restraining order? Yes, it is highly recommended to have an advocate when you are trying to obtain this legal document. Not only do they help protect your legal rights, but they also make sure you get what you want.
Different Types of Restraining Orders
Restraining orders come in various types to meet different circumstances. Before you decide to fill out a form, make sure you know what kind of protection order you need.
1. Domestic Violence Orders for Protection
DVOP is the most familiar restraining order. To qualify for a DVOP, one or more of these situations must have occurred in your family including assault, physical harm, bodily injury, stalking, or sexual assault. DVOPs consist of two types, final protection orders and temporary ones.
2. Civil Anti-Harassment Orders
This type of restraining order protects you against individuals who are harassing you, no matter your relationship with them. Do you need a lawyer for a restraining order of anti-harassment? Yes, if you want to keep the process simple.
3. Sexual Assault Protection
As the name suggests, this restraining order provides protection against someone or a group of people who have assaulted you sexually. To be eligible for a sexual assault protection, an individual must have experienced sexual assault.
4. Vulnerable Adult Protection Order
This type of restraining order protects vulnerable adults who have experienced abuse, abandonment, neglect, and financial exploitation. Getting a threat of these situations also makes you eligible for vulnerable adult protection order.
5. Extreme Risk Protection Order
An extreme risk protection order can be filed if you get a threat from an individual with their weapons. This legal document temporarily restricts someone’s access to their guns or possessed weapons to protect your safety.
How to Get a Restraining Order
To get a restraining order, you must fill out forms depending on the type of order that you want. If you file a DVOP, you would need to go to trial in person or by phone with the abuser. Do you need a lawyer for a restraining order? Yes, if you need help with the forms, paperwork, and hearing.
How Much Does a Restraining Order Cost?
In the US, there are no costs for filing a restraining order and you do not need a lawyer to file forms. But if you plan to hire a professional lawyer for hearings, the costs heavily depend on which legal firms you choose. Some high-class attorneys charge hundred dollars per hour.
Filing a restraining order is an effective way to protect yourself or your family from harassment, abuse, assault, or stalking. Do you need a lawyer for a restraining order? You are not required to hire a lawyer but it is highly recommended to have one, especially if the abuser comes with an attorney.
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