A restraining order can be a scary thing. It can affect your everyday life and your job, and it may even have a negative impact on your criminal record.
The first thing that you should do is reach out to a qualified criminal defense attorney. They will help you understand your legal options and create a strategy to fight the order.
It is best to consult an attorney early in the process, as you only have 10 business days to file a motion and request a hearing. They can also help you gather evidence that supports your defense.
You must be able to defend yourself against the claims in the order and prove that you did not do something that led to the accusation. This can be a very difficult task, but it is necessary.
Hire an attorney that is experienced in defending against restraining orders and will be able to present the case in court with strong arguments and evidence.
In addition, you must make sure that you have an attorney who is familiar with your state’s laws and rules of evidence. This will increase your chances of winning and will allow you to focus on proving that you did not do anything wrong, instead of worrying about presenting an overwhelming case against you.
Keep a clear and thorough record of the events that led to the complaint for the restraining order. This includes all of your phone calls, text messages, and emails. It should also include GPS data from your mobile device. This will provide you with a detailed account of how you interact with the person who has filed for the order.
If you violate the temporary restraining order, you could be facing serious charges. You might be jailed or have a criminal conviction added to your record.
Defend against the temporary restraining order quickly and completely, so that you do not end up with a permanent order after the fact. A permanent order will last for a much longer period of time than a temporary one, so you will need to prepare for the court hearing as soon as possible.
Be careful of how you respond to the person who has applied for a restraining order, especially in the first few days after receiving it. It is best not to talk to the petitioner or any witnesses who might testify for them, or have contact with them (including text messages or email).
The petitioner for the restraining order should be aware that any violation of the order will result in an arrest and possibly a criminal charge. It can also cause them to lose their custody or access to their children, so it is important for them to take the matter seriously and act quickly.
It is not a good idea to destroy any documents, such as letters or text messages that are connected to the petition for the restraining order. This is because if it is discovered later that you destroyed these documents, it can hurt your legal defense and make it difficult for you to prove your case in court.