Initiating a restraining order with the help of an attorney
It is fairly easy to initiate a restraining order. Anyone who believes himself or herself to be under threat of bodily harm can go to their local courthouse, identify the person they feel threatened by, and sign an affidavit to that effect. Once the affidavit is approved, the court will approve a temporary restraining order (TRO) that is to be followed by a hearing 15 days later. If the judge believes the order should be extended, the court will order the person listed in the restraining order to avoid all contact with the person who filed it. No witnesses or evidence can be presented when the affidavit is filed, but both parties may be present at the hearing that comes 15 days later.
Violating a restraining order
If you're the subject of a TRO, do not wait for the hearing, and do not do anything that could get you picked up on charges of violating a restraining order. Contact an experience domestic violence lawyer at once to discuss your case. A restraining order allows police to arrest you whenever there is probable cause to believe you have violated the order. This could be as minor as driving around the company parking lot of the person who filed the order. If convicted, you'll face a permanent criminal record, jail time, and wearing of an electronic monitoring device. You could have restrictions placed on seeing your children, owning a gun, or moving about as a free person.
How to deal with a restraining order
A restraining order must be taken seriously. If an order is issued against you, you must: vacate any house or apartment shared with the person who issued the order; relinquish ownership of guns; refrain from contacting children, family members, or relatives of the person who filed the order; continue to pay child support and spousal support if you're required to do so; comply with any modifications to child custody or visitation arrangements.
Unfortunately, it is common for angry ex-spouses to request restraining orders for the purpose of complicating the life of someone they want to hurt. In divorce cases it can be wielded to gain the upper hand in custody and visitation issues.
Our lawyers can help
Our attorneys here at Kwall, Showers, & Barack Public Attorneys will investigate accusations and tell the defendant's side of the story by working with investigators witnesses, doctors, and social workers. We welcome the opportunity to meet with you and discuss your concern about restraining orders, so please contact us today.
