How to Prove Mental Abuse in Divorce

Navigating a divorce is challenging under any circumstances, but proving mental abuse can add an additional layer of complexity. Mental abuse, also known as emotional abuse, can be subtle and difficult to quantify, making it a particularly challenging aspect to present in divorce proceedings. At Duncan Family Law, we specialize in helping clients gather the […]

Protective Order vs Restraining Order: Key Differences

Navigating legal protections can feel like a maze, especially when you’re trying to figure out the difference between a protective order and a restraining order. Historically, these terms have been used interchangeably, causing confusion about their purposes and implications. A deep dive into their origins reveals that while both serve as legal barriers designed to […]

What Happens if a Restraining Order is Not Served?

Imagine the relief of obtaining a restraining order, only to find it’s like shouting into the wind if not properly served. This legal hiccup can flip your sense of security on its head, leaving you wondering where to stand. When paperwork aimed at protecting you doesn’t reach the right hands, it’s as though your safety […]

Does a Restraining Order Go on Your Record?

A criminal record file at a court hearing

Concerned about “does a restraining order go on your record?” The answer is yes; a restraining order can appear on your record, either temporarily or permanently. However, its impact on your record and any background checks can vary: Temporary restraining orders may not show up on your record, but final restraining orders can be entered […]

Can you get a restraining order for no reason?

Woman holding a paper saying "Restraining order for no reason"

No, you cannot obtain a restraining order against someone for no reason. To get a restraining order, you must show that you have been threatened or are in reasonable fear of imminent serious harm. Valid reasons for obtaining a restraining order include causing or attempting to cause physical injury, domestic violence, harassment, stalking, or other […]

Essential Evidence: What Proof Do You Need for a Restraining Order?

A restraining order

The question, “What proof do you need for a restraining order?” is commonly asked but rarely, it seems, thoroughly understood. Evidence like documented injuries or threats, recorded messages, written statements and credible witness accounts are generally crucial. This article offers a focused breakdown of the specific types of proof required and how to effectively compile […]