To be issued with a restraining order is overwhelming and confusing. Whether it is permanent or temporary, it is serious and needs to be dealt with right away.
A restraining order, also known as a protective order, can have severe limitations on your lifestyle on a daily basis, including not being allowed any sort of contact with the petitioner.
Once you have obtained a restraining order, it is of paramount importance to learn about your rights and obligations. Failure to obey the order can have serious legal consequences.
The best restraining order attorneys can help you navigate the legal process and protect your rights.
The steps you should take to protect yourself as well as resolve the issue in the right way are as follows.
1. Read the Restraining Order Carefully
The first and most critical response after being issued a restraining order is to thoroughly read it and understand the restrictions it puts on you.
Similarly, it may prohibit direct and indirect contact with the petitioner or specify custody and visitation limitations if there are children.
Even accidental violations, such as responding to a message or bumping into the petitioner publicly, can land you in legal trouble. To avoid serious consequences, follow the order to the letter and speak with legal counsel if any of the provisions are unclear.
2. Do Not Contact the Petitioner
Despite the unfairness and untruth of the allegations, it is crucial that you do not attempt to make any contact with the petitioner.
That includes phone calls, texts, emails, social media messaging, or even asking a friend to call you. Any effort to make contact may be interpreted as violating the restraining order, even if the person making the call was the petitioner.
3. Seek Legal Representation
Once you have been granted a restraining order, one of the best things you can do is sit down with an experienced attorney. An attorney can clarify the terms of the order to you, inform you of your legal options, and represent you in court if necessary.
You may have it challenged through the services of an attorney if you feel that the restraining order was issued unfairly or on false allegations. They can present evidence, give your account of events, and defend your rights in court.
4. Attend All Court Hearings
If the temporary restraining order is granted, there can be a hearing in court to determine whether it should be extended or become permanent. It is essential that you attend this hearing. If you fail to attend, the judge can issue a permanent restraining order without hearing your side of the case.
During the hearing, you may provide evidence, call witnesses, and give reasons for not continuing the restraining order. It is best to have legal representation with you, as it can significantly increase your chances of success.
Conclusion
Obtaining a restraining order is a serious legal matter that requires timely and careful action. The most important things are to review the order carefully, have no contact with the petitioner, comply with all restrictions, and seek legal advice. If you believe the restraining order was unfairly granted, collecting evidence and attending court proceedings to contest it is also essential.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
