Restraining & Stalking Orders

If you are involved in a restraining order or a stalking order then you should contact and retain an attorney as soon as you can. This is true whether you are the Petitioner (the person asking for the order) or the Respondent (the person responding to the order). Having an attorney will be a tremendous advantage for you.


Combating a restraining order will be technical and difficult. You may mistakenly believe that fighting a restraining order will be as simple as telling the judge your side of the case. Judges are lawyers and they will have a way of looking at the case that only a lawyer can appreciate. A judge will be much more likely to consider your case if you have a lawyer to present your case for you.

There are also many details that will need to be focused on at your hearing. A single sentence can make the difference between winning and losing your restraining order case. For instance:

  • Every detail in the restraining order petition will need to be fact checked
  • If any police reports exist they will need to be obtained and considered
  • Any phone messages, emails, or texts messages that exist will need to be reviewed

Finally, a lawyer can negotiate your restraining order for you. It may be that you are certain to lose your restraining order and that you need to protect other interests. Or it may be that your case is very strong and that you can have attorney fees awarded against your adversary.


A stalking order can seriously limit one’s ability to live a normal life. You could be forced to move or quit your job because of a stalking order. Stalking orders are similar to restraining orders. They are a court order to not have any contact with a certain individual. The biggest differences between a stalking order and a restraining order are:

  • While restraining orders last for one year, stalking orders are permanent
  • Violating a restraining order will result in a contempt charge, while violating a stalking order can result in a prison sentence
  • In a stalking order the petitioner does not need to establish that they have been the victim of abuse, only that they have been alarmed by the respondent’s contact

Stalking orders are often times taken out by a petitioner and are totally and completely without merit. People often times seek them as a way to punish or combat a person and not because they are in any fear or danger of the person.


I have handled countless restraining and stalking orders in my career and I represent both Petitioners and Respondents. I have won the vast majority of restraining and stalking order cases that I have been retained on. Call me for a free consultation.