Restraining orders are issued when a person feels threatened by your words or actions and seeks to have you legally banned from any contact with them. They may be either temporary or long-term and vary on the details of the order depending on the type.
Types of Restraining Orders
– Domestic Violence Temporary Restraining Order: This type of restraining order can be temporary for up to 3 weeks or may be made permanent for 1 to 3 years.
– Emergency Protective Order: This type of restraining order is issued by law enforcement officers and will remain valid for 5 days after the order is issued.
– Criminal Protective Order: Also known as a “No Contact” order This kind of restraining order is issued in active domestic violence cases and used to separate the parties involved in the domestic violence situation.
– Civil Harassment Restraining Order: This kind of restraining order is utilized to stop various types of harassment including annoying neighbors, roommates, or other acquaintances.
Understanding Your Rights
You must be officially be given notice of the restraining order brought against you. In order to be served a restraining order you must have had official copies of the notice delivered to you. This will include a form for you to respond to the allegations brought against you by the person who originally sought the order You will have between 10 to 20 days before the hearing to file your response.
In Court
If you receive a notice, you will have to attend a hearing in which it will be decided whether or not the restraining order is needed. Having this kind of charge brought against you can have a large effect on your life. A restraining order has the ability to keep you from the things and, sometimes, people that you love for fear of further legal trouble. Restraining orders are enforced by law and the violation of a restraining order could result in fines and jail time.
If you are facing the constraints of a restraining order and possible violation of a restraining order, contact a criminal defense attorney to discuss the details of your case. An experienced attorney can help guide you through the complex legal system and answer any of your legal questions.
