How Can I Protect Myself and Children from Abuse? Do I Need a Restraining Order?
If there is abuse within the family, there is a legal procedure that is handled more immediately than a temporary order. A victim of abuse can file for a temporary restraining order and or injunction. There are several types of restraining orders and injunctions. You can file for a domestic abuse restraining order, you can file for a child abuse restraining order, or a harassment restraining order. These hearings are typically held within 14 days of the initial filing. There is something very unique about restraining orders. This is a legal procedure where one party is able to present their side of the case and ask the court for relief. If the court believes based on the allegations set forth in the pleading, that there has been violence or harassment, the court can immediately grant relief and restrain the other party from having contact with the victim. This is not how our court procedure usually occurs. Our court systems requires that both parties have an opportunity to be heard before a court makes a final decision and therefore that's why we have a final hearing known as the injunction hearing. At that hearing, both parties are allowed to present their case and the court will make the ultimate decision. The consequences of restraining orders are significant. For example in a domestic violence injunction hearing, the court can restrain the other party from having any contact and prohibit the offender from owning or storing any firearms. These issues that deal with violence are very significant and should not be taken lightly. If you are a victim or if you are being falsely accused of being an abuser, it is very important that you seek out an experienced family law attorney that can put forth your best case.