Seeking a Restraining Order?
If you have been the victim of violence or harassment you have additional options outside the criminal justice system. In addition to reporting any criminal activity to the police, you can seek a civil restraining order to protect yourself. There are multiple types of restraining orders available the specifically address domestic violence, fear of harm, or harassment. Most District and Superior Courts have daily calendars that you can file paperwork with to get a temporary order immediately if you qualify. Additionally, most Superior Courts have resources available to you to help you file these petitions.
If you are unsure if you qualify, or if you have been granted a temporary order but want representation for the full hearing, the Law Firm of Lucas D. McWethy can help you. We offer free consultations to discuss your specific circumstances and how to take the next step in protecting yourself. Contact us for a free consultation.
Restraining Order Defense
Restraining orders can come in a variety of forms. Typically referred to as either a no-contact order, a restraining order, or an anti-harassment order (all being slightly different); all restrict your ability to contact another person or group of people. These orders are typically one directional, meaning that the restricted party can face criminal charges for violating the order, but the protected party is under no such obligation. This means that if the protected party makes contact, the restrained party can still be prosecuted.
If you have been served with a temporary restraining order, you need the assistance of a restraining order attorney to represent you. There is typically a hearing set 2 weeks after a temporary order is granted. At this hearing, both parties are given an opportunity to present their case to the judge. At this time, the judge will enter a ruling the may result in a year long restraining order being issued. These orders are filed with the court, made a part of the public record, discoverable by employers and future employers, and can even impact you living arrangements. Have a skilled lawyer with you is essential to protect your rights.
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