Restraining orders are sometimes necessary to stop physical abuse between spouses, parties who are or were romantically involved with one another, or household members. Restraining orders can be issued in virtually any court. It requires the party seeking the restraining order to file an affidavit signed under oath, stating specifically the reasons for which the order is sought. The seeking party must demonstrate a reasonable fear of imminent physical harm. If the restraining order is granted without the other party present, it will be on a temporary basis so that the absent party can appear and be heard in opposition.
Often one party will attempt to obtain a restraining order to gain the upper hand in a divorce. This is true because the granting of a restraining order against one party usually requires the opposing party to vacate the marital home. It may also completely prohibit contact of any kind by the opposing party with both the party who obtained the order, as well as any children shared between the parties.
While the court has the discretion to keep the restraining order in effect for a shorter period of time, most restraining orders remain in effect for a period of one year. Not only are there longstanding repercussions to child support and visitation orders caused by restraining orders, but if one violates a restraining order there are also serious criminal consequences. For these reasons, whether you are trying to obtain a restraining order or are fighting against one being issued, it is crucial that you have a capable attorney with you to protect your rights and fight for you.
We have successfully represented countless clients obtaining and opposing restraining orders. Call us now!