Protecting the Safety & Reputation of Our Clients
Obtaining a restraining order can be a remedy to domestic violence. These orders can prohibit a perpetrator from coming within 100 yards of a protected party and his/her work place, house, and other family members. It precludes the perpetrator from having possession of any firearms and may preclude direct and indirect communication and stalking. A domestic violence restraining order may provide exclusive use of a home to the victim for an extended period of time, even in cases where the victim would otherwise not be entitled to keep the property in the long-term.
A person who is found to have committed domestic violence is presumed by the law to not be entitled to physical custody of the child/children, and to not be entitled to spousal support. However, this can be rebutted with evidence. A finding of domestic violence goes on the perpetrator's public record, and thus can impair or preclude their ability to obtain certain types of work, or impair or prevent participation in certain activities, such as coaching minors in extracurricular sports.
What Types of Restraining Orders Are Available?
- Emergency Protective Orders (EPO): These are restraining orders issued by the police on behalf of the victim at the time the incident is reported. Generally, these only last a few days to provide the victim with enough time to go to court to seek a Temporary Restraining Order.
- Temporary Restraining Order (TRO): These protective orders are obtained by seeking relief from the court. They generally last for a period of 15 days or until the time of the hearing for the Permanent Restraining Order, whichever is later. In cases where a risk of bodily harm notice is given, a temporary restraining order can be obtained without providing initial notice to the offending party. That party will have the opportunity to present his/her case at the next hearing.
- Permanent Restraining Order (PRO): These orders are not really permanent. They can be issued to last up to 5 years but can be renewed near the time of expiration upon proper grounds. At the hearing, both sides will have the opportunity to testify, call other witnesses to testify, and present documentary evidence to the court.