The Many Types of Restraining Orders
Restraining orders can have a devastating effect on a person, especially one facing criminal charges in a domestic violence related matter. There are several types of restraining orders, “emergency protective orders,” “temporary restraining orders,” “court protective orders, “domestic violence restraining orders,” and “civil protective (harassment) orders.” The orders seek to enjoin future conduct and cannot be granted solely to punish past acts. A court may order a person restrained for up to three years, and renew the order before the expiration of the three years period upon a showing of good cause.
Served with an Order? Get Help Fast
The process for obtaining each type of order is different but there is one constant in defending these matters: Do not delay in obtaining legal advice if you are served with a restraining order. There are strict filing deadlines that a respondent must comply with, and in order to mount an effective defense your lawyer must have as much time as possible to interview you, obtain declarations, and gather other evidence. A criminal defense lawyer is especially helpful in defending a restraining order matter as there is often an overlap between the civil restraining proceeding and the criminal courts.
This office primarily defends against all types of restraining orders, but on occasion we will undertake representation to obtain a civil order in order to protect a client against harassment from other persons, such as ex-partners, other families or hostile neighbors, or those that falsely accuse my clients of crimes. In these situations, the best defense may be a great offense.