If you’re facing the threat of a restraining order, then you need to be mindful of what you’re facing and what options you have. Of course, while restraining orders have their purpose, they can be abused, and they can dramatically ruin lives if implemented in the wrong way.
Within this guide, we’re going to explore what options you have and what you can do to fight an impending restraining order.
What to Do If Someone Files for a Restraining Order Against You
If someone files a restraining order against you, the first thing you need to do is seek legal help. Which assistance you get will depend on what situation you’re in, for example, hiring the help of local sex crimes attorneys in a sexual-related case.
Remember, this is not something to take lightly – and it’s important to have an experienced lawyer on your side who understands the ins and outs of restraining orders.
Your lawyer will be able to help you gather evidence in your defence and work to get the restraining order dismissed. You’ll also want to make sure that you stay away from the person who filed for the restraining order – violating a restraining order can lead to criminal charges.
Obey the Temporary Restraining Order
If you receive a temporary restraining order against you, then it’s important to know that this isn’t the same thing as an official restraining order. The temporary restraining order is designed to keep both parties away from each other until there can be a hearing where evidence for and against the restraining order will be presented in court before the judge makes their ruling.
During the time that the temporary restraining order is in place, you’ll want to obey all of its terms and conditions. This means avoiding any contact with the person who filed for the restraining order, staying away from their home or workplace, and not going near them or any places they may be.
Fighting an Official Restraining Order
If you receive a permanent restraining order against your name, then it’s important to remember that this is not something to be taken lightly. The judge has decided in favor of the other party and given them protections under law – which means that any violation will result in criminal charges being pressed against you.
Possible Defence Strategies for Fighting a Restraining Order
There are several different defense strategies that you can use when fighting against restraining orders. Remember, the judge is always looking to make sure everyone’s rights are protected – and if they feel like your constitutional rights were violated (or their own), then the case may be dismissed in favor of your favor.
If you’re able to prove that the person who filed for a restraining order against your name is lying, then the case may be dismissed, and they will face criminal charges instead of you – or at least have their restraining orders dropped if it’s not deemed necessary by the judge. If there was any evidence presented in court that was falsified, you’d also want to bring this to your lawyer’s attention.
Another defense strategy that can be used is if the restraining order was implemented without a proper hearing taking place. If you can prove that the person who filed for the restraining order against you did so maliciously and without any evidence, then again – the case will swing in your favour.
You need to make sure that you get legal help if you receive a restraining order against your name. If someone files for one without any evidence, then it’s important to bring this up in court and fight the case so that your rights are protected under law.