If you have been accused of domestic violence, child abuse, harassment or emotional abuse, the first legal step taken against you is generally a petition for a restraining order. The restraining order is a separate matter from any criminal charges that may — or may not — also be filed.
If You Are Accused of Violating a Restraining Order
Either party to a restraining order can be accused of violating it. If you are accused of a violation, you could be immediately arrested and you could face penalties including:
- Up to nine months in jail
- Up to a $1,000 fine
- Repayment of service and court fees
In appropriate cases, we are able to negotiate a reduction in the charges or penalties in exchange for your participation in counseling or anger management classes.
The Initial Restraining Order Hearing
Whether a restraining order is granted is decided at a contested court hearing. If the order is granted, both you and the person who requested the order are affected. Neither of you can have contact with the other, and this includes all forms of communication, including visits, e-mails, phones calls, letters — even communication though friends or relatives.
It’s not a given that the restraining order will be granted, and you do have the right to contest it.
Trust, Respect and Communication in Abuse and Restraining Order Cases
We understand that an accusation by a spouse, partner or child in your life can be devastating. We will aggressively represent both petitioners and respondents. We know both sides.
We focus on the goal of helping you and your family take realistic steps to resolve these issues outside of court.