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Home > How Restraining Orders Work

How Restraining Orders Work

A domestic violence restraining order is a court order that helps protect a person from abuse, usually by prohibiting an abuser from contacting or coming near the protected person. An attorney may be involved to help the person seeking the order, or later to defend the subject of the order. Typically, a domestic violence victim can ask a family law court for a restraining order if a person with whom he or she has a close relationship abuses him or her. In general, a person may qualify for a domestic violence restraining order if the abuser caused or attempted to cause injury or to assault the victim sexually, or if the abuser threatened to harm the victim and there is reason to believe that he or she will carry out the threats. Most states can issue emergency orders, temporary orders, and permanent orders. Generally, a judge will decide whether or not to issue the order within one business day, and sometimes sooner. In many jurisdictions, a victim may be able to obtain an emergency restraining order through the local police department if the court is closed. If the restrained person violates the order, he or she can be arrested and charged with a crime. Only the judge can change or cancel a restraining order.

If you have questions about A Domestic Violence Arrest and Your Divorce, contact a lawyer familiar with Indiana Domestic Violence Laws.

How a restraining order is issued

A court may first issue a temporary restraining order without prior notice to the defendant. Typically, the court later holds a second hearing for a permanent order. The plaintiff must appear at the second hearing if he or she wants the order extended and the defendant must appear if he or she wishes to contest the extension of the order. At the second hearing, the defendant has the right to be heard, to testify and to cross-examine the plaintiff. Representation by an experienced criminal defense firm is critical at this hearing. If the defendant does not appear at the hearing or presents an adequate defense, the order will usually be extended.

Effect of a restraining order

A restraining order can prohibit a person from contacting the victim, require him or her to vacate his or her home, and suspend visitation rights with minor children, all life-changing requirements. In some jurisdictions and under some circumstances, the order may also require you not to have a gun, to pay child support, or not to take children out of state.

The temporary order typically lasts until the next court date. At that time, the judge will either continue or cancel the order. A continued order can last for many years, depending on the jurisdiction and the circumstances. Child custody orders may have different end dates and usually last until the child turns 18.

What do I do if a restraining order is brought against me?

It is difficult not to contact the most important person in your life. However, you must not ignore a restraining order, even if you think it was not properly served, was illegally obtained, or was based on false information. It is illegal to disobey a restraining order, and you can be prosecuted for ignoring it. Also, ignoring a temporary order, will likely result in a more severe permanent restraining order.

You should appear at court on the date indicated on the notice. It is important to bring an attorney competent in domestic violence cases to represent you in court because the prosecution in the criminal case can use anything that comes out in court against you. You should not discuss your case with anyone other than your attorney while charges are pending.

Only a judge can lift a restraining order. If the victim lives with you, you cannot go to your house for any reason even if you pay the rent or own the house. Also, a defendant may not be able to visit his or her children. Even if you are innocent of any crime, you may still be prosecuted for violating the restraining order itself.

Getting the restraining order lifted

Often the court requires the defendant to attend a domestic violence batterer's program meetings with good progress reports before they will consider lifting the order. If you are served with a temporary restraining order, do not risk delaying your defense; a criminal defense attorney can put you in the best possible position to avoid or defend against false charges and to avoid an extension of the order.

Conclusion

A restraining order can greatly affect your relationships with your spouse and your family, and have a detrimental effect on your lifestyle. Engaging an expert defense team is important if you are served with a restraining order, even if you believe it is based on false allegations.

If you have questions about A Domestic Violence Arrest and Your Divorce, contact a lawyer familiar with Indiana Domestic Violence Laws.

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