Domestic Violence Restraining Orders
When you are a victim of abuse or are subject to a restraining order, it is important to work with an attorney who understands the process and who will aggressively advocate for your interests. I represent clients that are seeking to obtain a restraining order and also those who need to defend themselves against a restraining order. The victims of domestic violence can be either male or female.
The use of Domestic Violence Restraining Orders has been an important issue for approximately the last thirty years. It was created to curb domestic violence. A party who has been restrained, will loose their rights to own, possess and use a firearm during the time the restraining order is in effect. Further, in a family law actions, a restrained person is presumed to not be qualified to have custody of their children, and in many cases, the court will order that a restrained person exercise their visitations with their children in the presence of a professional supervisor. This restriction has a double financial impact on a restrained person. Most professional child supervisors charge $75.00 per hour, and this cost ends up being prohibitive, and ends up limiting the restrained person’s visitations. Child support is based on the amount of time each parent has with the child, and when a restrained party has supervised visitations, they commonly have to pay a higher rate of child support. Further, it is more probable that the court will award more spousal support to an abused spouse.
In my experience, many parties take the imposition of a restraining order too lightly, and attempt to represent themselves in court. I frequently get contacted after a party has failed to properly obtain a restraining order, and when a party experiences the full impact of a restraining order, and many times, it is too late to seek any of the available legal remedies to obtain or set aside the restraining order. It is my strongest recommendation that you seek legal counsel to both obtain and defend yourself against a restraining order.
The restraining order process, gives a party the right to have an evidentiary hearing, which is a summary trial with live testimony. I have significant experience in handling the procedures involved in obtaining and opposing restraining orders.