How To Best Defend Against Restraining Orders
Protective orders, best known as restraining orders, were originally created to protect spouses, roommates or life partners from being physically or mentally abused by their mates. Under such orders, the named party within the injunctions is prevented from being in the same location as the person who took out the injunction, at any time, for any reason. Unfortunately, in today’s legal system, while this practice will benefit anyone who truly is in need of it, it is also being abused by parties to divorces who seek to undermine their partner’s chances of recovering property, or taking custody of children.
Restraining orders are not something that you can defend yourself against, even if you are innocent. Philip Averbuck’s experience in such matters can help you mount the best defense possible and get your rights restored as soon as possible. Call today!
The Legal Ramifications
If you are served with any restraining orders, you must first move out of the shared home, stop all communication with your spouse, your children, and take steps to follow the orders exactly as they are written. To violate them in any way could mean being arrested, having criminal charges filed against you for harassment, violation of the injunction, and domestic violence. The district attorney can choose to pursue the latter charge in open court, if they so choose. The judge who issued the temporary order could then make it a permanent one, forever binding you from any contact whatsoever.
In addition to restraining your movements where it concerns your family, when issuing a protective order the judge can also add other conditions to it that you must uphold, or face penalties if you do not. These can include immediate payment of alimony or child support, and place restrictions upon visitation rights. If the divorce goes through, and this injunction is still in effect, whatever conditions that are in it can very well become part of the divorce, and enforceable through the courts as permanent court orders. If you are served with any domestic violence orders, the first thing to do next is to hire an attorney, because every action you take next needs to be documented and done only under the advice of legal counsel, for your own protection.
The Best Defense
Since no one ever wants to be accused of something they have not done, the best way to prove yourself innocent, initially, is to cooperate fully. By following the letter of the protective order, you take any chance of doing something that can be used against you later in court away from your opponents. The attorney can advise you on the limits of the order, what you can and cannot do in regards to regaining possessions, visiting your children or filing for custody.
Just remember that restraining orders are not the end. With counsel, you may be able to successfully defend against false charges and have your rights restored. Just be patient, and cooperate.