Abogados de Restraining Orders

Restraining Orders Lawyers Across the United States

A restraining order is a court-issued directive that limits one person's contact with or proximity to another. Whether you're seeking protection or defending against a petition, having a lawyer on your side changes the outcome. Studies show that petitioners represented by attorneys obtain protective orders at significantly higher rates than those who appear alone.

What Restraining Order Cases Cover

Restraining order law covers several types of protective orders. A domestic violence restraining order protects individuals from abuse by a spouse, partner, or household member. Civil harassment orders address threats or stalking by neighbors, coworkers, or acquaintances. Elder abuse and workplace violence restraining orders serve more specific populations.

These cases may involve temporary orders, which courts often grant the same day, and permanent orders that require a full hearing. Violations carry criminal penalties including arrest, fines, and jail time. A lawyer handles the filings, evidence gathering, and courtroom presentation that determine whether an order is granted or denied.

When to Hire a Restraining Order Lawyer

• You're experiencing domestic violence, stalking, or credible threats and need immediate court protection
• Someone has filed a restraining order against you and a hearing date has been set
• A temporary restraining order was denied and you want to refile with stronger evidence
• You need to modify or terminate an existing protective order
• The restraining order affects child custody, housing, or firearm ownership rights

How the Restraining Order Process Works

The petitioner files paperwork with the court describing the abuse or threats. A judge reviews the request, often within 24 hours, and may issue a temporary protective order before the other party is even notified. The respondent then receives service and has a chance to prepare for a hearing, typically scheduled 10 to 21 days later.

At the hearing, both sides present testimony, witnesses, and evidence such as text messages, photos, or police reports. The judge decides whether to grant a permanent restraining order, which usually lasts one to five years depending on jurisdiction. Roughly 70% of temporary orders convert to longer-term orders after a contested hearing.

How Outcomes Are Determined in Restraining Order Cases

• Severity of the threat or abuse — judges weigh physical harm, verbal threats, property destruction, and patterns of behavior
• Documented evidence including medical records, police reports, and communications between the parties
• Impact on children — courts consider child safety and may include custody provisions within the order
• Prior violations or criminal history involving the respondent
• The credibility of both parties based on testimony and corroborating evidence presented at the hearing

Frequently Asked Questions

How long does a restraining order last?

Temporary orders typically last until the court hearing, usually two to three weeks. Permanent orders generally remain in effect for one to five years. Many jurisdictions allow the protected party to request renewals before the order expires, and some states permit lifetime orders in severe cases.

Can a restraining order affect gun ownership?

Yes. Under federal law, specifically the Lautenberg Amendment, a domestic violence restraining order prohibits the respondent from purchasing or possessing firearms. Violating this federal restriction is a felony. Many states impose their own firearm restrictions that may apply even more broadly than federal law.