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How Restraining Orders Work

January 02, 2019

By Law Offices of Kenneth H. Lewis

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A restraining order can be issued to protect an individual from harassment and harm or as a result of proven criminal activity. They can be useful to protect people who have been threatened and abused; they can also be misused to ruin, shame, and intimidate innocent individuals who are involved in contentious civil disputes or divorce proceedings.

If you have been served with a restraining order and you have done nothing wrong, you must do all that you can to get it removed. There is nothing benign or harmless about living under a restraining order. A restraining order implies that you are guilty of violent, reckless, unethical, or unlawful behavior; it is a public record, which means it will pop up during a background check; and it can be used as a trap to send you to jail.

The best response to a baseless restraining order is to hire a criminal defense lawyer who can help you get it removed. You have rights, and you should protect yourself against the implication that you have acted aggressively or criminally toward another person.

Types and Time Limits of Restraining Orders

Most restraining orders are limited in their duration. Here are some of the most common ones:

1. Temporary Restraining Order

These last up to 3 weeks. They are typically issued by a judge to protect the contending parties from one another. The aim of a TRO is to maintain the status quo until a judge can determine who truly endangers whom. A lengthier restraining order may be issued as the result of such a decision. You should bear in mind that a TRO can be issued without the accused knowing about it. However, a hearing is always held before its expiration, so you, if you are the accused, will have a chance to tell your side of the story.

2. Domestic Violence Restraining Order

A domestic violence restraining order is used to protect spouses, former spouses, dating couples, and co-habitants from domestic violence, physical abuse, threats of abuse, stalking, or sexual assault conduct. This type of restraining order can last up to 5 years. However, the case against the accused must be proven based on a preponderance of evidence.

3. Workforce Violence Restraining Order

An employer can file for a workforce violence restraining order on behalf of an employee. If granted, the WVRO can last up to three years. The standard for this restraining order is clear and convincing proof that the employee has suffered unlawful acts or threats of violence in the workplace.

The Misuse of Restraining Orders

A restraining order is a legitimate tool to protect people against abuse and harassment. However, it can be employed as a form of abuse and harassment. Restraining orders forbid the alleged perpetrator from coming within a specific distance of the home, workplace, or other places frequented by the alleged victim. And they can be used to set a trap. If, for example, you are going through a difficult divorce or break-up, your ex can file a temporary restraining order against you. After it is issued, they can arrange things so that you violate the distance requirement of the order, which can send you straight to jail.

People have even been known to have restraining orders issued against their roommates in an attempt to have them removed from the premises. Bitter child custody battles sometimes involve one party filing a restraining order against the other in an attempt to sully their reputation in advance of a crucial hearing.

If you have been subject to any one of the aforementioned types of abuse, you need someone on your side who understands the law. You have every right to be angry and upset, and your first instinct may be to make an angry phone call or send an aggressive text message to the accuser. But this will do no good; indeed, it may only further harm your case. Nor will simply denying or disputing the allegations have much of an effect. You must respond with calm, vigor, and determination. A criminal defense attorney can help you do that.

How a Criminal Defense Lawyer Can Help

All restraining orders require sufficient evidence of wrongdoing before they can be sustained. However, you should not underestimate the ability of your accuser to make innocent and perfectly legal activity seem criminal. Working with a defense lawyer will help prepare you for the charges they have hurled at you.

The allegations made in a restraining order case involve dates, places, and events. Your lawyer will look at each of these made by the accused and ask you to recall where you were, who you were with, and what you were doing in respect to them. Your attorney will scrutinize closely the evidence offered by the accuser, and work with you to gather evidence that contradicts what they have put in their claim.

Being served with a temporary restraining order is usually the first step toward something more permanent. If you have received such a notice, then you should begin gathering all evidence, including text messages, social media posts, and statements by friends and family, to prove your innocence. Your lawyer will help you in this endeavor, and they will bring their analytic skill and legal prowess to bear to discredit the charges set forth by your accuser.

If you are to succeed in having the restraining order removed, you need a lawyer with extensive expertise and experience in these kinds of cases. The Law Offices of Kenneth H. Lewis can provide you with the kind of representation you need. If you have been served with a restraining order, there is no time to waste. Call the law offices of Kenneth H. Lewis today for a consultation.

January 24, 2019

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