A restraining order is an important way for people who have been involved in issues related to domestic violence or the threat of violence to get protection. Restraining orders can be used to protect a person of any gender from another individual when they feel their safety or comfort is at risk. However, these tend to be used as a way to protect women from abusive men. According to Research Gate, approximately 72% of active restraining orders were in place to protect a woman from an abusive man. Given the importance of such a legal document for many people, it's important to know what to look for in a restraining order lawyer.

The Lawyer's Experience

A restraining order lawyer should have various kinds of experience with related issues such as divorces, child custody disputes, or criminal cases for battery or domestic violence. It's possible that the attorney will need broad knowledge of areas such as family court procedures and criminal prosecutions to be effective in getting the judge to grant the order. As a general rule, the best lawyers also tend to have several years' worth of experience working with clients in similar situations. This is imperative because a person who is looking for a restraining order may already have the threat of violence if the perpetrator isn't stopped.

The Lawyer's Knowledge

The victim's restraining order lawyer will need to prove that the person to be restrained is guilty of some immediate threat of violence or other harmful actions such as stalking or harassment. Also, there usually needs to be a biological or close relationship between the victim and the person named in the order, although it's possible for additional circumstances to warrant a protective order between individuals with other types of relationships. In most states, the burden of proof for granting the order is reasonable, and a judge will grant the order as long as the rules for filing were followed and there appears to be a legitimate threat. It's important to find a lawyer who's aware of these realities and can best serve your situation and keep you safe.

Anyone who wants more information about the process of obtaining a restraining order can get legal advice from a licensed attorney. Contact Nigel Villanueva today to schedule a consultation.