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Thursday, April 2, 2020

Domestic Violence Restraining Orders

Restraining Orders 

Restraining orders may be brought by anyone to stop someone else from harassing them, threatening violence or committing violence against them. There are five types of Restraining Orders: Domestic Violence Restraining Orders, Civil Harassment Restraining Orders. Elder or Dependent Adult Abuse Restraining Orders, Workplace Violence Restraining Orders and Gun Violence Restraining Orders. Once a Temporary Restraining Order or permanent Restraining Order is granted it has the force of law and a violation of the Restraining Order can cause the offender to be charged criminally. 

Domestic Violence Restraining Orders 

Domestic Violence Restraining Orders apply when someone who you are/were married to, related by blood, in a dating relationship with, have a child with or is an in-law (mother-in-law, grandparent-in-law) is harassing you, threatening violence or committing violence against you. There are two stages to getting an order granted. First the party asking for the order submits a Temporary Restraining Order (TRO) request through their attorney which usually includes a statement from the party describing what happen and why they want the Order. If children are involved, it may also ask for orders on where the children are going to live and child/spousal support amounts. Generally, the Judge looks at the Petitioner’s request for a TRO and makes a decision without a hearing and without input from the person to be restrained. The other party does not even need to be advised of the TRO request although the court prefers that they are. If the court grants the TRO (and also if it denies the TRO) a hearing is held 21-25 days later. At that hearing both sides may put on witnesses or other evidence to prove/disprove the case. If a Restraining Order is granted at that later hearing it can last for 3 years or longer and be renewed with good cause by the Petitioner. The granting of a permanent Restraining Order designates the person restrained as a violent person and appears on background checks similar to a criminal conviction. In addition to causing issues on background checks it can also cause problems when it comes to child custody and visitation if applicable. Even if no criminal case is filed against the person who committed the misconduct, the court can still find there is enough evidence to grant a Restraining Order. Attorney Will Bruzzo has successfully represented many clients on both sides of Domestic Violence Restraining Orders and is ready to represent you and offer a free consult. Tel. (714) 547 4636

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