RESTRAINING ORDERS

It happens everyday – someone is acting in a way towards another person that they don’t want.  That person wants to be left alone, but the person insists on continuing to contact them.  What options do you have if you are being contacted by someone you do not wish to talk to?  What if you get served with a restraining order?  

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What if I want a restraining order?  What do I have to show in order to get one?  These questions are determined by the type of order you are looking for.  There are several situations that a restraining order can be based on, including disorderly conduct, domestic violence, or sexual assault.  The one thing to know about them is that just because you do not want to talk to someone does not mean the Court will get involved to stop it from happening.  You have to show that the unwanted contact has reached a point where you need the courts to stop it, and that requires more than just not wanting someone to text you anymore. 

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The reason you need more is tied into questions from the other person – what happens if I am served with a restraining order?  These orders are burdensome and may limit you in a number of ways.  You cannot contact someone, may be ordered to not be near their home or work, you cannot have a mutual friend deliver messages to that person for you, or you may, in some cases, be forced to move out of your own home.  If you violate the terms of the order you can be arrested, and depending on the type of order and prior violations, it may be a felony level charge.  There are also other consequences that are not in the order, for example if it is a domestic violence order you lose your firearms rights while the order is in place. 

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Restraining orders are serious matters that can have severe impacts and they are dealt with very quickly in the court system, with a hearing being scheduled within a matter of weeks from when it is served.  If you feel you need a restraining order, or if you have been served with one, contact Curran Law Firm to get your questions answered and find out the next steps.