We Can Help You Get a Restraining Order
If you are feeling unsafe and are looking for security, a restraining order can help you feel protected while you work with your attorney on your case. When seeking a divorce – a violent partner can make an already difficult decision much harder. Especially if you are facing an abusive spouse or an ex-partner that makes you feel uncomfortable.
A restraining order can give you the distance you need to overcome your situation. If you’re afraid of what your partner may do during this painful time, reach out to our lawyers at Karp & Iancu, and we can help you get the protection you need to focus on your case.
How a Restraining Order Works
When you feel that an abuser or harasser may cause you harm, you may need legal protection from the police. You may have heard of a restraining order as an option to prevent violence, but how does a restraining order keep a former spouse or harasser away from you?
A restraining order is a court order, which means they could face charges if they violate the restraining order. That means that if they fail to move out of your home, avoid contact with you, or try to harm you physically or sexually, they may be arrested and prosecuted. If you feel that you’re in danger, contact your local attorney for help seeking a restraining order.
Steps Taken Before Getting a Restraining Order
If you believe another person is a danger to you or your family, you’ll need to act quickly to protect yourself. Be sure to only speak to your lawyer about your plans to seek a restraining order. If the other person knows, they may try to fight back, making the protection process longer.
- 1. You’ll need to bring information about the abuser in question. You’ll need their name, address, and pictures, if possible. This information helps ensure that the papers are properly served. When you bring this information in, you’ll need to speak with an advocate and others, so you may need to prepare yourself for explaining why you’re seeking out a restraining order against this person.
- 2. Officers will serve the papers to the abuser and you’ll need to attend the final hearing, or injunction. Keep in mind that the abuser in question may arrive at your hearing to defend themselves, so you may need to be prepared with evidence for your case.
Types of Restraining Orders
There are two main types of restraining orders: Harassment Restraining Orders and Domestic Abuse Restraining Orders.
How to Get a Harassment Restraining Order
Here’s what needs to be proven in a court of law to get a harassment restraining order:
- 1. Striking, shoving, kicking or otherwise subjecting another person to physical contact; engaging in an act that
would constitute abuse under s. 48.02 (1), sexual assault under s. 940.225, or stalking under s. 940.32; or
attempting or threatening to do the same
- 2. Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person
How to Get a Domestic Abuse Restraining Order
Here’s what needs to be proven in a court of law to get a domestic abuse restraining order:
“Domestic abuse” means any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver’s care, by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common:
- 1. Intentional infliction of physical pain, physical injury or illness
- 2. Intentional impairment of physical condition
- 3. Sexual Assault
- 4. Stalking
- 5. Damage to Property
- 6. A threat to engage in the conduct outlined above
Get Help Filing For a Restraining Order
We understand that the need for a restraining order alone can be stressful. If you have already suffered, or believe you are in danger, filing for a restraining order is necessary for you and your family’s protection. Our attorneys can help you get the paperwork needed to file, and guide you through the process and next steps. If your abuser or harasser tries to fight your restraining order, you will have our legal guidance on your side.
Reach out to us anytime by filling out the contact form below, or give us a call to set up a consultation. We want you to feel protected, and our lawyers are there to help guide you through the restraining order process.