If you have been served with a restraining order as a result of domestic violence accusations, the Hedding Law Firm Attorneys can help you. Restraining orders involve the court system and will show up on your record which will effect your future and custody rights if children are involved.
There are two types of restraining orders: a civil harassment and a domestic violence restraining order. To be able to obtain a domestic violence restraining order there must be a certain type of relationship such as husband/wife, brother/sister, co-habitants, boyfriend/girlfriend.
How To Get a Restraining Order
In order to obtain a domestic violence restraining order, the alleged victim must state and show that abuse has taken place and will continue to take place unless a restraining order is issued.
When the alleged victim applies for the Temporary Restraining Order ex parte (meaning that the TRO will be granted the same day of the application if good cause is shown to the judge), a hearing will be set usually 21 days from date of application to determine whether the restraining order should or should not be granted.
Then you will be served most likely by sheriff. Then, at that point, we suggest that you retain the services of an experienced attorney who can help you through the rest of the process. You need to understand the difference between a protective order and restraining order in domestic violence cases.
Unfortunately, if a TRO was filed, even though you have not presented your side of the story to the judge, you still have to abide by the terms stated in the TRO until the date of the hearing, which is when your side of the story will be heard. Exactly how long the restraining order will last is decided by the judge.
A domestic violence restraining order can entail a variety of orders. For example, you may be ordered to stay away at least 100 yards from alleged victim; be ordered to not make any contact with alleged victim; be ordered to stay away from children if involved; or have limited custody and visitation rights if children are involved.
A domestic violence restraining order can last up to 5 years and you may be innocent in the whole situation and that is why our lawyers are here to help. We will sit down with you and listen to your side of story and provide the help and assistance that you need. Call the firm and set up a free consultation.