Unfortunately, it is sometimes necessary for individuals to need the help of the court to protect them from physical or emotional harm or to protect assets or property. The proper way to obtain this protection is through court-ordered restraining orders. There are different types of restraining order cases used for different circumstances. All of them are considered “quasi-criminal” which means they are enforceable by police or sheriffs if they are correctly registered. If a restraining order is broken, the restrained person can face criminal prosecution and may be forced to pay a fine or do jail time.
We have attorney representation available for filing and litigating restraining orders, or for defending against requested restraining orders in cases where they are not appropriate or warranted. It should be noted that DV restraining orders can have a profound effect on custody and visitation orders and might need to be adamantly defended against.
Our paralegal services can prepare all of the paperwork required to help a self-represented person get before a judge to ask for orders or to defend against a proposed order.
DV restraining orders are meant for cases involving parties who live together. They can be married, living together or related by blood and living in the same home. The court can make orders for protection from physical violence or extreme emotional abuse and harassment, or provable threats thereof. These orders can be made on a temporary basis and extended for a short period of time (TRO’s), or ordered to last for up to a five year period if the circumstances warrant it after an evidentiary hearing (“permanent” restraining orders after hearing). DV restraining orders are taken very seriously by law enforcement and are entered into the CLETS system which makes their existence known by local, state and federal law enforcement should there be a need to enforce them. It should be noted that potential employers of restrained persons may have access to this information.
Stay-away orders are sometimes sought through these cases where the judge can order that one party stay a certain distance away from the protected person and family members living with them, their residence, place of work, place of worship, and in general public places.
These are for cases where the parties are not related or living together. Sometimes the parties are neighbors, or acquaintances. Orders are made in cases where it can be proven that the restrained person has committed acts of violence or severe emotional harm or has made believable threats.
An employer/business owner has the right to have an offending person restrained from coming to or calling the business in general, or a specific employee or employees of the business. It can be against a person harassing the business or its ownership or employee for reasons not related to the business itself which interferes with the operation of the business, or can be against a person harassing an employee of the business for personal reasons.