Restraining orders, also known as protection orders or injunctions, are legal tools to protect people from harm or harassment. Issued by a court, they prohibit the restrained person from contacting or coming near the protected person.
Why You Need to Contact a Criminal Defense Attorney
- Knowledge of the Law
- Legal Experience: Lawyers can gather evidence, present their case in court, and negotiate.
- Emotional Support
Types of Restraining Orders
- Domestic Violence Restraining Orders
- Civil Harassment Restraining Orders
- Workplace Violence Restraining Orders
- Sexual Assault Restraining Orders
- Elder Abuse Restraining Orders
Other restraining orders may provide protection specifically from stalking, dating violence, and repeat violence.
Who Can Get a Restraining Order?
Generally, anyone who has been a victim of violence, harassment, stalking, or abuse can apply for a restraining order.
How a Restraining Order is Filed
- Filing a Petition
- Temporary Restraining Order (TRO): In emergencies.
- Hearing: Both parties present their cases.
- Service of the Order
Terms of a Restraining Order
- No Contact
- Stay Away: A specific distance from home, workplace, or other site.
- No Possession of Firearms
- Other Conditions: counseling or substance abuse treatment.
When You're Served with a Restraining Order
- Understanding the Order
- Defending Your Rights
- Making Changes the Order
Restraining Order Enforcement
Law enforcement enforces restraining orders. If violated, the protected person can call the police.
Consequences of Violating a Restraining Order
Violating a restraining order is a serious crime and can cause criminal charges, jail time, fines, and other penalties.
Duration of Restraining Orders
The duration varies by jurisdiction and type of order. Some orders are temporary, and others are permanent.
Complying to and Contesting a Temporary Restraining Order
Even if you believe the accusations against you are unfounded, you should strictly adhere to all conditions outlined in the temporary order. You must avoid contact with the petitioner, stay away from specific locations, or follow other restrictions.
Preparing for the Hearing on the Permanent Order
Remember that anything you say during the hearing may be used against you in court. Your attorney will advise you on how to present your case effectively.
Dropping an Order of Protection
In some cases, the petitioner may decide to drop the order of protection. Only the petitioner can initiate the drop of the order.
Speak to a Criminal Defense Attorney
If you've been served with a restraining order, you should always obtain legal counsel immediately. Contact a lawyer today.
