When a victim of domestic violence seeks an order of protection against the accused, they have the right to be represented by a restraining order lawyer. These attorneys are experienced in obtaining and challenging restraining orders in civil court.
If a defendant violates the terms of the order, he or she could face a criminal charge, arrest and imprisonment. That is why a good restraining order lawyer can make a huge difference in the outcome of your case.
Defending Against a Restraining Order
A restraining order is an injunction to prevent contact with someone who has been accused of abuse. They are a common tool used in criminal and family courts, so it is important to have a knowledgeable restraining order lawyer on your side as soon as you receive notice of the request.
Even if the claims in the order are false, an attorney can still help you defend yourself against a restraining order. You can fight the order by presenting objective proof, such as text messages and emails.
You can also provide evidence of any threatening behavior by the accuser. This could include photos or video footage, objects or other physical evidence.
When defending against a restraining order, it is important to remember that the court will take the accusations seriously and consider them when deciding whether or not to grant an order. If you do not present your best evidence, you could end up with a permanent restraining order that prohibits you from moving or communicating with the person who filed for the order.
Obtaining a Restraining Order
In New York, a victim of abuse can obtain an order of protection through the criminal courts. These orders can apply to people who are victimized by a spouse, parent, child, sibling, or partner from a one-night stand.
These orders can also be obtained in family court cases where the defendant has a history of abuse. Unlike the criminal courts, these orders do not require an arrest, and the person who seeks them does not need to go through the rigmarole of filing a complaint, seeking an arrest warrant, and meeting with the District Attorney.
If the judge grants a temporary restraining order, you should take a copy of it with you at all times. You should also get a copy of the forms and proof of service that you have to give to law enforcement so they know about the order.
Defending Against a Temporary Restraining Order
If you’re served with a temporary restraining order, it’s important to act promptly. These orders usually last for a few days, and you only have a limited amount of time to file a response.
Restraining orders are a common tool in family courts to protect people from others who would like to cause them harm. Unfortunately, many people falsely obtain these orders in an effort to gain an advantage in a divorce or custody case.
When defending against a restraining order, it’s essential to gather evidence and prepare your defense. A lawyer will help you identify what types of evidence would be most helpful in your case, and will also provide advice on how to get it.
Defending against a restraining order is a serious matter and requires extensive knowledge of the law, rules of evidence, and court proceedings. Having an experienced attorney on your side will greatly increase your chances of a successful defense.
Defending Against a Permanent Restraining Order
When a judge issues a restraining order, it can have many effects. It can affect your ability to get employment or a home, and it can even show up on background checks.
Defending against a permanent restraining order requires knowledge of the law in your state and court proceedings. It also involves knowing how to present evidence that will help you defend yourself.
One of the first things you need to know is what the petitioner did before they requested a restraining order. If you do not know what led up to the request, your attorney may be able to find out and provide you with the information you need to defend yourself.
Once you have the information you need, contact your restraining order lawyer as soon as possible. They can help you develop a defense and represent you at your hearing, which typically occurs within 21 days after the TRO was issued. Oftentimes, this is the only chance you have to explain your side of the story and present evidence against your abuser.
