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. This guide will cover restraining orders: types, getting one, enforcement, and consequences of violations.
Why You Need to Contact a Criminal Defense Attorney
Having a lawyer by your side during restraining order proceedings can make all the difference.
- Knowledge of the Law: Criminal defense attorneys know the laws and procedures surrounding restraining orders and can protect your rights.
- Legal Experience: Lawyers can gather evidence, present their case in court, and negotiate with the opposing party.
- Emotional Support: Lawyers can offer guidance and support during a challenging and emotional time.
Types of Restraining Orders
Restraining orders vary depending on the relationship between the parties and the situation. Here are some common types:
- Domestic Violence Restraining Orders: These orders are issued in domestic violence cases, which means abuse or threats between family or household members.
- Civil Harassment Restraining Orders protect people from harassment or stalking by someone they are not romantically involved with.
- Workplace Violence Restraining Orders: These orders protect employees from violence or threats.
- Sexual Assault Restraining Orders: These orders are issued to protect victims of sexual assault from their attackers.
- Elder Abuse Restraining Orders: These injunctions protect older adults from abuse, neglect, or exploitation.
Other restraining orders may provide protection, specifically from stalking, dating violence, and repeat violence.
Who Can Get a Restraining Order?
Eligibility for a restraining order depends on jurisdiction and type of order. Generally, anyone who has been a victim of violence, harassment, stalking, or abuse can apply for a restraining order. In some cases, family members or other concerned individuals can also apply on behalf of a victim.
How a Restraining Order is Filed
The process of getting a restraining order involves:
- Filing a Petition: First, the victim or petitioner must file a petition with the court describing the abuse or harassment and requesting protection.
- Temporary Restraining Order (TRO): In emergencies, a judge may grant a TRO, which provides immediate but temporary protection until a hearing can be held.
- Hearing: Both parties are scheduled to present their cases at a hearing. The judge will decide whether to grant a permanent restraining order.
- Service of the Order: If a restraining order is granted, it must be served to the restrained person, informing them of the terms and conditions of a violation.
Terms of a Restraining Order
Terms of a restraining order can vary depending on the situation and type of order. Here are some standard terms:
- No Contact: The restrained person cannot contact the protected person in any way, including by phone, email, or social media.
- Stay Away: The person named on the order has to maintain a specific distance from a victim’s home, workplace, or other specified site. For instance, a court might prohibit a respondent from getting within 500 feet of a victim or their family.
- No Possession of Firearms: The restrained person may not possess firearms.
- Other Conditions: The court may impose other necessary conditions to protect the protected person, such as ordering the restrained person to attend counseling or substance abuse treatment.
When You’re Served with a Restraining Order
If a restraining order has been issued against you, a lawyer can help you understand its terms and protect your rights.
- Understanding the Order: Your lawyer will explain the restrictions of the restraining order and the consequences of violating it.
- Defending Your Rights: If you think the restraining order was unfairly issued, your lawyer can represent you in court and argue for its dismissal or modification.
- Making Changes the Order: If a situation changes, a lawyer can petition the court and file a motion to change the terms of the restraining order.
Restraining Order Enforcement
Law enforcement enforces restraining orders. If the restrained person violates the order, the protected person can call the police, who can arrest the restrained person.
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. The consequences can be even harsher if the breach involves violence or threats.
Duration of Restraining Orders
The duration of a restraining order varies by jurisdiction and type of order. Some orders are temporary, and others are permanent. The order can sometimes be extended if the protected person is still at risk.
Complying to and Contesting a Temporary Restraining Order
Even if you believe the accusations against you are unfounded and you have a strong defense to defeat a permanent restraining order, 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. Violating any aspect of the temporary order can have serious legal consequences and weaken your position in court.
Immediately after being served with the temporary order, you should consult with a criminal defense lawyer to understand your rights, obligations, and the legal process involved in contesting a permanent order. An attorney can guide you through the legal process, prepare your defense, and represent your interests in court.
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 and avoid self-incrimination. The petitioner will likely present their side of the story, and you will have the opportunity to respond and present your defense. You can also call witnesses to testify on your behalf.
Dropping an Order of Protection
In some cases, the petitioner may decide to drop the order of protection. This can happen for various reasons, such as a change of heart, reconciliation, or the realization that order was unnecessary. However, it’s important to note that only the petitioner can initiate the drop of the order.
If the petitioner decides to drop the order, he must file a motion with the court. The judge will then decide whether to grant the motion and dismiss the order.
Remember:
- Orders of protection are serious legal matters.
- Violating an order can result in criminal charges.
- Seek legal counsel to protect your rights and to get through the legal process.
Speak to a Criminal Defense Attorney If You’ve Been Served with a Restraining Order
If you’ve been served with a restraining order, you should always obtain legal counsel immediately. Speak to a criminal defense lawyer who handles cases similar to yours. Know your rights so you can get through a stressful time and experience a better outcome. Contact a lawyer today.