Protecting the Safety & Reputation of Our Clients
No one deserves to be the victim of domestic violence. Just as significant, no one deserves to have false claims of domestic violence made against them by an opposing party seeking a litigation advantage. At The Buncher Law Corporation, we are very experienced in handling both types of claims. We are passionate protectors of the rights of the men and women we represent
Understanding Domestic Violence
In layman's terms, domestic violence occurs when one spouse experiences actual physical abuse, threats of immediate physical abuse, or severe psychological abusive behavior by the other spouse. When such spousal abuse occurs (even accidentally) in the presence of a child, this is also deemed domestic violence to the child. Family law courts provide remedies for victims of domestic violence, including spouses, children, and other family members or persons who currently are or formerly were dating or cohabitating with the accused abuser.
Remedies to Domestic Violence
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, 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 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 rebuttable presumption is also created against the perpetrator in regards to the entitlement to legal or physical custody of the parties' children and against entitlement to spousal support. 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?
There are three types of domestic violence restraining orders:
- 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.
What if My Case Involves Some Other Type of Restraining Order?
If you need to obtain or defend against a civil harassment restraining order or a workplace restraining order, don't worry; we handle those, too. Some people mistakenly choose to ignore a notice of a request for restraining orders issued against them - do not do this! As discussed above, requests for restraining orders have severe ramifications, including irreparably damaging your personal and business reputation, giving a litigation advantage to the opposing party, and making you particularly vulnerable to future harassment by the opposing party by setting you up to be arrested.
The Buncher Law Corporation: Litigating Restraining Orders on a Daily Basis
It is not uncommon for our expert attorneys to be in court on a daily basis, prosecuting requests for protective orders on behalf of real victims and defending against false claims of domestic violence. You need an attorney who knows the intricacies of the law and how to prepare and present a strong case within days or hours. Let our experienced attorneys provide you with the representation you need. We prosecute domestic violence restraining orders so frequently that we can often obtain you a temporary restraining order the same day.
If you have been served with an Emergency Protective Order, the District Attorney may elect to prosecute you in criminal court. Thus, you may end up needing to defend yourself in two courts: the criminal court against the D.A. and the family law court against the alleged victim. Your defense in both arenas needs to be coordinated to be most effective and to avoid waiving your rights. We frequently work with top-rated criminal defense attorneys to coordinate the defense of our clients in family law and criminal court.