04 August ,2014 By Admin Category:Protective Rights

It is all too common that we have individuals in our lives that bring us extreme stress and frustration. However, once that level of stress and frustration becomes unbearable, a restraining order can be your best defense. The most common types of restraining orders are related to domestic violence or civil harassment. In either case, if you believe you are in imminent danger of a serious threat of bodily harm from someone, the first step may be to call the local police. Many of times these police officer cannot do much for you other than protect you for the moments that they are with you. Most likely, they will suggest you obtain an attorney to get a restraining order against the person you want to be protected from.

If your ex-boyfriend or girlfriend, husband or wife, friend or enemy is causing you grief and you feel that there is a threat of harm a restraining order may be exactly what you need. In general, obtaining a restraining order begins with filing a claim with a request for a temporary restraining order, in short, a “TRO.” There is a misconception that this TRO is all that you will need. This is not true. A TRO is exactly what it says it is, a temporary restraining order.

Obtaining a restraining order from a judge is only the beginning of the process; TROs generally last only three weeks! If a TRO is granted it will be set for a permanent restraining order hearing, which is essentially a trial on the issues before the Court. Most if not all self-represented individuals do not understand the legal system, and performing a full restraining order can be a difficult task. Do not make that mistake. Taking the chance that your restraining order will not be granted on a permanent basis can jeopardize your safety.

Permanent restraining orders can have many aspects to them. Orders can include stay-away orders and harassment orders for you, your roommates or current spouse or friend, and it can also include your home and workplace. There are also no communication orders that prevent that individual from contacting you for any reason. Permanent restraining orders have many other advantages over a TRO. The main advantage is that a permanent restraining order can last up to five years. As an attorney, I have obtained two, three and five year restraining orders for my clients. And believe me, it is a huge relief once that is taken care of.

What This Means For You?

If you have a restraining order and you feel that the person you are being protected from is violated the orders, then you can call the police and have him or her arrested. Your safety is the number one concern. There is now a court order that states that your safety is at issue and that you need to be protected.

Do You Have a Restraining Order Against You?

Although many restraining order requests are legitimate, there are times many individuals bring these requests for the wrong reasons. For example, a parent may bring a restraining order request to gain a strategic advantage in a divorce case believing that it will benefit them in the long run. Do not let these accusations go without fighting. If you have been wrongfully accused you have rights that need to be protected. I have successfully defended against many restraining orders and it is important to know that you will have your day in Court to fight. You’ll need an aggressive attorney that knows the restraining order system and what to do for you.