The courts are normally seen to issue restraining orders in cases of domestic violence. In such circumstances, the defendant is not normally granted permission to get into the proximity of or meet the plaintiff. There might be other restrictions levied upon the defendant depending on how severe the allegations are against them. They might also be barred from entering the premises of their own home or properties and might also restrict them from the places where the plaintiff visits frequently. The defendant will require to surrender all the firearms they possess and the order might also affect their child’s custody. When you have a temporary order restrained against you, the court will be scheduling a hearing to decide if the order needs to be made permanent. An experienced attorney is going to help you in defending against a restraining order and save you from this situation.
What happens when an order is sought against you?
If an individual is filing a complaint to obtain a restraining order against you, you will receive a complaint notice in due time. This will also have a notice date mentioned and it is then when the court will be arranging for a hearing session with you. Here they will decide if they should continue with your temporary order or make it permanent. The court might also decide on if multiple hearings are required in the case or a single hearing would serve the purpose.
As a defendant, you will have the right to cross-examine the evidence and the witnesses at your hearing and present the evidence and witnesses to serve your defense. An attorney will be representing you at your hearing but you cannot appoint one without being charged with any offense.
What happens if the order is issued?
If the order is already issued, you must ensure that you abide by all the orders mentioned in it. Violating the order is a crime in itself and there will be charges against you. Once the order is issued, you must appoint an attorney at the earliest. The time of issuing the notice and actual hearing is very limited and you must spend it wisely in gathering evidence. Witnesses and alibis are some other important aspects that you need to look at carefully.
Once these are done, the attorney is going to represent you at the court and defend you from receiving a permanent order.
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