On average, an individual can expect to pay between $200 to $500 or more per hour for representation from an attorney to handle a restraining order. It is important for individuals to know that, if they are a victim of domestic violence, there may be legal services available in their area that come at varying rates.
A restraining order, also called an order of protection, is a civil injunction that is ordered by a court to prevent an individual from being harassed, harmed, or assaulted by another individual. It can also be used to prohibit an individual from going to locations where the protected individual may visit, such as their residence, workplace, or other places they frequent.
Are There Advantages To Hiring a Restraining Order Lawyer?
Although it may be possible for an individual to file a restraining order request on their own, having a lawyer handle the request can have many advantages, including:
- Advocacy: A trained attorney will be a strong advocate for their client and will be able to fight for their rights.
- Experience: A lawyer will have the experience and knowledge required to handle complicated legal issues as well as the ability to provide sound legal advice.
- Objectivity: An attorney will be able to give their client an objective perspective on their issue and help them make informed decisions based on the law and the facts of the case.
Although an attorney is not required to file for a protection order or to appear at the hearing on the order. However, an attorney can provide advice on possible options and strategies and answer the question of how to get a restraining order.
An attorney can also help their client determine what type of order they need to request, such as an emergency protective order or an out of state restraining order. An emergency protective order is often necessary to protect victims of spousal abuse, child abuse, stalking, and harassment.
It can be very difficult to obtain an out of state restraining order, as personal jurisdiction over the defendant may be an issue. It is typically easier to obtain an order when the defendant is still located in the same state as the petitioner or where the incident occurred, as these orders will typically apply across state lines.
Additionally, it is important to have a lawyer at any hearing in case the other party has representation. Many important decisions may be made at this hearing, including requiring an abuser to leave the residence, custody issues, and spousal or child support.
What Services Do Restraining Order Lawyers Provide?
An individual can ask for assistance from an attorney to help them file a request for a protection order. In addition, a lawyer can provide advice on whether the individual should report any issues to law enforcement or other authorities.
In many cases, an individual will first obtain a temporary restraining order (TRO). This TRO legal term refers to a short-term order that is issued while the parties wait for a hearing. Having the assistance of a restraining order lawyer can help reduce the stress associated with these situations.
An attorney can also provide assistance to an individual against whom a restraining order has been issued. It is essential for this individual, called the defendant, to read the order in its entirety and make sure that they do not disobey the order.
When a temporary order is issued, there will typically be a hearing set for determining whether a permanent or more long-term order will be issued. A restraining order attorney can help a defendant understand:
- The accusations against them
- This includes documents and evidence used to support those accusations
- Their rights, including the right to:
- Ask for legal representation
- Receive proper notice of the hearing
- Provide evidence
An attorney can explain to the defendant what types of evidence they can use to fight the restraining order request, including:
- Pictures
- Text messages
- Items
- Receipts
- Clothing
- Phone calls
- Social media posts
- Computer records
- Letters
- GPS and phone records
- Emails
- Other records that may show where the defendant was when an incident occurred
A defendant’s lawyer can also help them identify potential witnesses, including individuals who may have information on the allegations, the alleged incident, or the petitioner. In these cases, the petitioner has to establish their claims by a preponderance of the evidence. An attorney can use the evidence listed above to refute those claims.
On the other hand, a lawyer can also use all of these types of evidence as support for the petitioner’s request for a restraining order. For example, if the plaintiff claims the defendant harassed them at a public place and the defendant claims they were in another town, GPS can be used to show the actual location of both of the individuals. In some situations, it may be appropriate for the parties to obtain mutual restraining orders.
What Factors Influence the Cost of a Restraining Order Lawyer?
How much a lawyer will cost, including a restraining order attorney, can vary depending on several factors, which include, but may not be limited to:
- The complexity of the request or case
- Costs can increase if there are multiple allegations, a history of violence, or extensive witness testimony
- The experience level of the attorney
- The location of the issue
- Whether filing fees will be charged
- If the attorney has a positive reputation in their area, they may charge more
- Whether depositions, or out-of-court testimony, will be required
- If there are travel expenses
- If the case will require a large volume of paperwork
- There may be charges for scanning, copying, or organizing documents
How Do Restraining Order Lawyers Charge for Their Services?
Typically, a lawyer will charge an hourly fee to help their clients obtain a restraining order. In certain cases, a lawyer may offer their services pro bono, or on a free basis.
How Much Does It Cost to File a Restraining Order?
The cost of filing a restraining order will vary depending on the type of order, the location of the case, and the facts surrounding the request. An individual may be able to get assistance from a local domestic violence shelter with filing a petition for a restraining order.
Are There Free or Low-Cost Options for Restraining Order Legal Help?
Yes, there may be low-cost or free options for legal assistance when an individual is seeking a restraining order, which includes local domestic violence shelters and legal aid organizations.
An individual may also reach out to their local bar association and ask if there are pro bono lawyers in their area.
An individual can also contact their local court system or clerk’s office for more information. In many locations, filing for a restraining order can be done for free.
A domestic violence shelter may offer legal support to victims who are seeking a restraining order, which includes providing access to free legal consultations, meaning they waive their consultation fee, or even to free representation. In many states, there are legal aid services that provide low-cost or free assistance to low-income individuals who need to get restraining orders.
If a lawyer offers pro bono services for obtaining a restraining order, it means they will not charge their client any fees. Given the potential importance and impact these orders may have on an individual’s life and family, an individual should consider finding a lawyer to hire that they are comfortable working with.
LegalMatch offers free attorney matching services that connect individuals with lawyers in their area who can help them get a restraining order. In as little as 15 minutes, an individual can submit a confidential issue or question on the website and, in around 24 hours, they will get responses from licensed and pre-screened member lawyers.
Using this system, an individual can find out information on lawyers available in their area, whether they offer free consultations and the potential costs of resolving their issue.
What Questions Should You Ask a Restraining Order Lawyer Before Hiring?
It is important for a potential client to take time to write down a list of questions they may have for a lawyer before choosing who to hire. Examples of important questions that an individual may want to ask about include:
- How long have you practiced law?
- Do you have courtroom experience with protection orders?
- What percentage of your practice involves protection orders?
- What fees will be charged?
- What services will those fees cover?
- Do they handle these types of cases pro bono?
- Are there filing fees?
- Will any other employees be working on the case?
- Has the lawyer handled a similar case?
- What was the outcome of those cases?
- Do they have experience gathering evidence?
- How will I be able to contact you when necessary?
- How often will I be provided an update on my case?
- What are the possible outcomes of my petition?
Do You Need a Lawyer for a Restraining Order?
Whether you are considering asking for a restraining order or someone is trying to take out a restraining order against you, it is very important to reach out to a restraining order attorney for assistance and guidance. Having a lawyer will ensure that your rights are protected and the process is handled efficiently and fairly.
LegalMatch is an excellent resource for finding a restraining order lawyer. As noted above, you can take advantage of LegalMatch’s free and confidential lawyer matching service in as little as 15 minutes. Even if you only seek advice from a lawyer, having professional legal assistance may mean the difference between the success or failure of your request or case.
