If you are seeking to obtain or defend a restraining order, call today for a free consultation.
The Law Offices of Laurie Peters has experienced attorneys to assist you with the process. Victims who need protection should seek legal advice immediately to know his or her options. Also, those being accused need to seek legal advice immediately. Unfortunately, false accusations are common; therefore, a victim in need of protection must be able to present facts based on admissible evidence to show a need for a restraining order. Also, the accused needs to have an experience attorney to make sure that they have an adequate defense to accusations against them.
If you are seeking a restraining order:
A knowledgeable and experienced attorney will evaluate your case and help you present the proper paperwork to the court. The court may make its determination to issue or deny your request based solely on declarations. Therefore, it is important to make sure you present a concise statement in chronological order explaining why you need a restraining order. If you present mere conclusions or unreliable information without proper admissible evidence, you may not get the protection you need. There can be serious legal consequences for not getting it right from the beginning.
If you are accused and need to oppose a request for a restraining order:
You need an experienced lawyer to protect you. A restraining order can be issued by the court with no notice sometimes. If you do not challenge the order, you may be removed from your residence and be ordered to stay a certain distance away from a person which may ultimately result in a crime. Even if you do not want to be around that person it could have severe consequences relating to employment, licensing, or issues surrounding a divorce, child custody, support and visitation. If you are accused of failing to abide by the terms of the orders, you may be charged with a crime.
The attorneys at the Law Offices of Laurie Peters know how to protect you if you have been accused of Domestic Violence or Civil Harassment. An experienced lawyer will give your case the attention it deserves. Call today for a free consultation.
Although allegations of domestic violence and civil harassment may both result in a restraining order being issued, there are some differences in the two.
A restraining order for domestic violence can be issued against a family member or someone to whom you have a close relationship, such as an ex-spouse, boyfriend, or girlfriend. The standard of proof in a case of Domestic Violence is preponderance of the evidence. In other words, the person seeking the order needs to show that the allegations happened by tipping the scales slightly to 50.000001% in his or her favor. However, it is the person seeking the orders who has the burden of proof.
A civil harassment restraining order can be issued against anyone, whether a neighbor, acquaintance or stranger if that person is threatening you, stalking you, harassing you or has sexually assaulted you. However, unlike domestic violence, the standard of proof is higher. The person seeking this order must prove by clear and convincing evidence that he or she has been harassed. It is a high burden, and the person seeking it has the burden of proving his or her case.
Domestic Violence and Civil Harassment issues are serious issues with serious consequences.
Call the Law Offices of Laurie Peters today for a free consultation at 805-484-6885.