When Do You Need a Restraining Order Lawyer?
A restraining order, also known as an order of protection, is a civil injunction issued by a court to stop abusers from harming, assaulting, or harassing you. Additionally, it can stop an abuser from visiting the scene of domestic violence, which could be your home or place of employment.
If you believe you require protection from an abuser, you must complete and file documentation at your county courthouse for a judge.
You can ask your order of protection lawyer for assistance in completing the paperwork. Your restraining order lawyer can also help you decide whether to contact the police or other authorities or whether your situation warrants a restraining order. A restraining order lawyer is usually a smart idea to have on your side.
How Much Does It Cost to Hire a Restraining Order Lawyer in Canada?
A restraining order lawyer frequently bills $300 per hour. A temporary restraining order (TRO) lawyer will cost you between $250 and $450 per hour to represent you.
What to Look For in a Restraining Order Lawyer
Experience in Court
If a court decides that the petition for a protection order or a renewal should be granted after examining the petition, it may issue an ex parte order. In this situation, the responder may request a hearing to present their argument for why the protection order or renewal shouldn’t be granted. The judge will schedule this for a hearing.
To represent your interests in court and appear at hearings, your TRO lawyer should be prepared. The judge may also issue a show-cause order that requests a hearing on the petition and affidavit that have been filed. If you were given notice of an ex parte domestic violence protection order, you might also ask the court to have a hearing.
Competency
Your restraining order lawyer ought to be capable of gathering proof and keeping you informed about your case. Additionally, your restraining order lawyer should have knowledge of cases like yours.
How to Prepare for Your Consultation With a Restraining Order Lawyer
Read the Entire Restraining Order and Abide by it
It is crucial that you carefully study the entire order to make sure that you will not disobey it. If the temporary order is violated, it will be more challenging to withstand the final one.
You should read it to:
- Find out the date of the court hearing and the submission deadline for the answers.
- Be informed of your rights, including obtaining legal representation, offering proof, and getting notified of the hearing, the accusations brought against you, and any supporting paperwork.
- Arrange and compile any supporting documentation.
Gather any physical evidence—such as clothing, photos, movies, and items—that is related to any activities or occurrences the petition describes.
Gather all evidence you can, including letters, emails, phone and GPS records, receipts, computer records, and records that might prove where you were when an incident occurred.
Include everyone you think could know something about the incident, the accusations, or the petitioner on your list of potential witnesses, and acquire their contact information.
Before the court issues the permanent order, the petitioner must prove their claims, typically by a preponderance of the evidence (a standard of more likely than not). The information above may be utilized to contradict or bolster the petitioner’s assertions.
You may demonstrate that you were gone or at a concert on the night of the claimed incident. Or, your phone records might disprove the petitioner’s assertions that they received frequent phone calls or messages. You can dispute any assertions by the petitioner that you kept driving by their house based on your GPS travel logs.
Where to Find the Best Restraining Order Lawyers in the Canada
You can find the best restraining order lawyers in the Canada. on LegalMatch. You can also use the Canadian Bar Association to search for lawyers.
