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Then, contact an attorney immediately, so that you can prepare for the hearing on the permanent order. Follow all the orders contained in it, such as not having contact of any kind with the petitioner, even if you feel that you have a valid defense and will defeat an attempt to turn the temporary order into a permanent one. Obey the Temporary Restraining Orderįirst, a note on what to do if you are served with a temporary restraining order. You'll want to take specific steps to deal with the prospect of having a restraining order issued against you.
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What to Do If Someone Files for a Restraining Order Against You These hearings, to which the respondent receives notice, are usually set quickly, so you may have only a week or ten days to make decisions and prepare for the hearing. However, the judge must conduct a formal hearing before entering a permanent order. In most states, a court can enter a temporary restraining order that will last for a few days, without first holding a hearing and without the target of the order (known as "the respondent") being present. If a permanent order is issued, you will be prohibited from possessing a firearm while the order is in effect, and the order will show up on background checks. Once a restraining order is entered, you can be charged with a crime if the protected party accuses you of violating the order. Instead, you should get information about your rights and options, consult with a lawyer, and participate in the court process. You should never ignore a restraining order request.
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(Temporary orders are an exception see the explanation below.) You also have the right to be represented by an attorney, although in restraining order proceedings, you are not entitled to free counsel or a court-appointed attorney. If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. If you are the subject of a restraining order, understand that it is a very serious matter that deserves your prompt attention. To learn about the specifics for your state, see Domestic Violence & Abuse, where you'll find several articles on the subject, as well as links to state-specific articles that explain each state's laws in detail.
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This article addresses restraining orders and orders of protection in domestic relationships, and focuses on the nature of the order and advice for what to do (and not do) when faced with such an order.ĭomestic violence laws vary greatly by state.
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Most restraining orders are issued in connection with domestic violence or conflict in intimate or family relationships, including physical abuse, harassment, stalking, and sexual assault.Ĭourts also can issue restraining orders in civil matters-for instance, prohibiting a person from contacting a non-family member or intimate partner or from going to a certain business or professional office. Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order.