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How to Defend Against a Final Restraining Order?

Img Source - Law Offices of Anthony Carbone

Once you are involved in any type of domestic violence, a temporary restraining order (TRO) will be issued to you. Ever since the order is issued, you and your attorney will have very little time to prepare for the hearing. It is in this hearing that the court will decide if the temporary order will be made permanent. Without witnesses and solid evidence, defending against a restraining order would be tough. Click here to know more. 

According to the law, the hearing must take place within 10 days of the temporary restraining order being issued and sent, says law.cornell.edu. Exceptions can be there where the order might be provided with a short extension and this would allow both the plaintiff and the defendant to arrange their attorneys. Also, this would allow both parties to prepare better for their upcoming trial. The conclusion of the trial will hold the judgment if the order will be resolved or a permanent restraining order will be issued.

You need experienced attorneys to fight

The court will issue a final restraining order if the plaintiff is found guilty on the following grounds:

  • That you have committed at least a single act of domestic violence from the 19 listed acts in the temporary restraining order list (source here).
  • That a final restraining order is needed against you because you have a history of violence. You might also prove to be a potential threat to the family or the relationship as you can also commit future acts of violence.

How much is at stake?

A final restraining order is going to completely alter your life. You might be put with severe restrictions like cutting off all forms of contact with your children. You might also be put under supervised visitation. Contacting the plaintiff and their family will also be a barred clause. Open and free movement in your community might also not be an option later. Your employability will be brought under question and the order will appear clearly in your background checks. And, if you violate the order by any chance, there will be many severe penalties and consequences to that too.

Without a lawyer, you won’t understand the potential of this order and how severely it can impact you. It can curb your freedom of travel, the ownership of firearms, or might also force you out of your current employment. Therefore, having an experienced attorney by your side will be of great help to you.

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