We help with domestic restraining orders i.e. those that involve a family member, spouse, boyfriend or girlfriend, as well as a former date or live-in partner. When there has been domestic abuse or threats to that affect, it is best to discuss the situation with the lawyer.
The courts define domestic violence as physical abuse as well as mental abuse such as threatening behavior, calling, emailing, stalking etc. When one is physically abused or threatened with this, then a call to the police is warranted. The police will make a report and the offending party may be incarcerated. If the person is arrested due to the domestic violence it could be criminal.
The restraining order is considered an emergency order and as such a court appearance is arranged within 3 business days. If the judge feels that there is enough reason to warrant a temporary restraining order, he/she will do so and a hearing will be set for 3 to 4 weeks later.
It is very important for the ‘restrained party’ to respond when served with a restraining order since failure to do so will mean a loss of the case. A restraining order can be approved for a period of 3 to 5 years.
The restraining order usually involves a ‘stay away’ order and may involve ‘residence exclusion’ meaning that the offending party may have to leave the home. In addition, the judge may request enrollment in anger management classes. If children are involved, the restrained person may have custody/visitation rights affected.
It’s very important to speak with an experienced Legal Action Workshop lawyer when you require a restraining order or when you have been served with a restraining order. There are consequences for the protected person as well as for the restrained person. Call us with your questions @ 1-800-HELP-444!
