Restraining Orders: What You Need to Know
Having a restraining order filed against you can be frightening. You may wonder what consequences it may have on your job or the place that you live. If you feel that the restraining order was taken out unfairly, you may wonder how you can fight it. Restraining orders generally err on the side of the individual requesting it, as this is the safest action. If you want to protect yourself legally, you need to act now.
What Is a Restraining Order?
A restraining order is sometimes known as a no-contact order. It means that you cannot contact or go near the individual who took it out. Usually, a specific distance is specified, such as 200 yards. You cannot use any method of communication to get in touch with the individual who filed the order. That includes text messages, social media accounts, and postal mail.
Sometimes you may also be required to relinquish any firearms you have and refrain from getting any firearms.
What Happens If You Violate a Restraining Order?
Violating a restraining order could lead to an immediate arrest. You could also be fined. The judge will, however, need to determine whether you intentionally violated the restraining order. If you went to a shopping center and the individual in question was there, it may be an accident. If you showed up after the individual was there and you had reason to know that they were there, on the other hand, it could be seen as intentional.
It should be noted that the person who requested the restraining order can violate the order as well. A no-contact order means neither of you can contact the other. If the person who took out the restraining order attempts to contact you, they are in violation of the order themselves. They can be jailed or fined as well.
How Can You Object to a Restraining Order?
When a restraining order is taken out against you, you are served with a notice. This notice tells you who you need to avoid and under what terms you have to avoid them. However, a restraining order hearing will take place. You absolutely need to attend this hearing, though you should not make any attempt to contact the individual beforehand.
During the hearing, you can present your own side. This will usually require showing that you have no malicious intent towards the person, that you have not been harassing them, and that you don’t intend to harm them. You have the right to bring both a lawyer and witnesses.
This is important. A lawyer is going to be able to protect you against the worst consequences of a restraining order, especially if you believe that you don’t deserve the restraining order.
What Consequences Could a Restraining Order Have?
Should you fight a restraining order or just go about your day? You may assume that if you have no need to contact this person, you might as well just leave it be. However, a restraining order can have consequences, especially if you accidentally run into the person and it appears as though it was intentional.
If the person in question lives with you or works with you, a successful restraining order could be very damaging to your lifestyle. Some employers won’t hire someone who has had a restraining order out against them. The fact that you’ve had a restraining order filed against you can even be introduced into child custody disputes.
If you’ve had a restraining order unfairly lodged against you, it’s time to fight it. Before the hearing occurs, you need to hire an attorney. If you don’t hire an attorney, you could end up with a restraining order on your background check for a long time to come. Contact Daniels, Long & Pinsel, LLC, for more information.