Do I need to hire an attorney to assist me in obtaining an order of protection from an ex- boyfriend?

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Do I need to hire an attorney to assist me in obtaining an order of protection from an ex- boyfriend?

Asked on May 4, 2011 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer is no, generally not. An attorney is not necessarily needed for a person to obtain an order of protection but it does depend on your state laws.  In some states a party can go to the Family Court or a court having similar jurisdiction in order to obtain the order of protection.  Be aware that if you apply for an order of protection - in other words you meet the criteria - then the court will grant a temporary order of protection "ex-parte" meaning without the other party present.  However, the court will set down a hearing date after the other party is served so that the other party can answer the allegations you have made against them.  Good luck.


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