Restraining Order and Violation Defense
Restraining orders are legal devices that are typically used in domestic situations by frustrated or abused spouses or partners and elderly persons who feel harassed or allege or they are the victims of domestic violence, stalking behavior or other offensive conduct that has caused them significant mental or physical distress. In some cases, a neighbor may feel that an ongoing argument or feud with you has become a threatening situation to them and will seek a protective or restraining order against you.
There are also civil restraining orders that are used by those in non-domestic situations such as neighbors or stalkers who are unrelated to the accuser.
If you violate a restraining order, you are considered to be in contempt of court and face possible fines and jail time.
We defend those who have been served with a restraining order at their hearings in which the court decides whether there is sufficient evidence to issue a temporary or permanent restraining order.
There are different types of restraining orders that a court may issue:
Emergency Protective Orders (EPO)
You can be served almost immediately with an EPO if anyone contacts law enforcement with a complaint of possible domestic violence or elder abuse. If police observe signs of abuse such as bruises or otherwise believe that domestic violence did occur, then they can request that a judge issue an Emergency Protective Order the same day or evening. The effect of the order is that you may have to immediately leave the residence and refrain from any contact with the accuser. An EPO may last a few days or a week and will terminate unless the accused seeks a temporary restraining order.
If you have been issued an EPO, it is vital that you immediately seek the counsel of an experienced attorney from the Restraining Order Attorney Group since your accuser will almost certainly seek a temporary restraining order.
Temporary Restraining Orders (TRO)
A TRO may be requested by your accuser ex parte, or by going to court without the need for your presence or to even serve you with notice of the appearance. Such orders are sought if you are accused of stalking, threatening someone with physical violence, been accused of physical or domestic violence or even mental abuse. In most situations, the accuser need only complete a court form or affidavit setting forth facts such as an assault by you, threatening statements, phone calls or emails that you allegedly made that places the accuser to feel that his/her safety is imminently threatened and have suffered mental distress.
Like an EPO, the TRO can continue to bar you from the accused’s home or from any further contact with the accused. This can force you to seek shelter at a friend’s home or motel and not have access to your possessions. If you do come within a certain proximity to the accused, you could be forced to immediately leave the area or face a restraining order violation.
You have no say on the parameters of a restraining order and must obey them or face possible arrest.
Permanent Restraining Orders
Once the TRO is issued you have a few weeks to about one month to retain an attorney to represent you. In the meantime, you have no choice but to make a good faith effort to adhere to the restrictions and limitations placed on you. If the permanent order is issued, it may last up to several years or until you are considered no longer a threat. Within the permanent restraining order may be a requirement that you participate and complete counseling or other court-approved programs.