A civil restraining order is meant to be a protective device preventing harm to someone in imminent danger from another person. Restraining orders are used to prevent domestic violence, child abuse, assault, threatened bodily harm, stalking, and elder abuse. To fully understand the process, you must have a restraining order attorney with a deep background and successful track record.
A person seeking a restraining order must first apply to the court for a temporary order, which will set a return date for an evidentiary hearing to determine if the order should be made permanent.
The temporary restraining order is made on the basis of the accuser’s testimony in a one sided or ex parte hearing before a judge. The accused party is not informed of the hearing and does not have the right to be heard. They will have that opportunity at the later evidentiary hearing, which will usually take place within one to three weeks.
Restraining orders serve an important purpose in protecting potential victims, but they also have the potential for abuse, especially in emotionally volatile domestic situations. Though many accusations resulting in restraining orders are valid, others are not. Sometimes one spouse will accuse the other of violence in revenge for some nonviolent act, for example adultery, or will use it as a tool in an attempt to gain full custody of children in a divorce or separation.
If this has happened to you, you need to get help before the situation is made permanent. Having an experienced defense attorney advocating for you can be beneficial in preventing a permanent restraining order from issued, with all its unpleasant ramifications.
If you’ve been served with a restraining order, your life can be shattered. You may be ejected your home and denied access to your children. All the while, you’re expected to pay the mortgage, the bills, and provide financial support for your accuser. Your reputation is tarnished and you may be left essentially homeless. All this without being convicted of any crime. In addition, your name will be placed on a permanent police registry where it will appear whenever you attempt to cross the border, and you will not be able to own a gun.
For an aggressive defense against a civil restraining order in or around Colorado Springs, contact the Law Offices of Steven T. Rodemer. Steve Rodemer is widely recognized as a rising star in the arena of criminal defense, a former prosecutor who knows the workings of the court system and has earned the respect of judges, clients, and other lawyers for his passionate commitment to the rights of the accused. He is well known in the legal community for his stellar track record of dismissals, reduced charges, and less severe sentences for his clients. He is frequently successful in preventing temporary restraining orders from becoming permanent and clearing the names of clients wrongly accused of violence or abuse. He is skilled at demonstrating reasons an accuser may be motivated to falsely accuse his client and showing that no grounds exist for a restraining order.
As soon as you have received notice of a temporary restraining order being filed against you, bring Steve Rodemer on board. The time to prepare your defense at your evidentiary hearing is short—between one and three weeks, so it is essential to put him to work immediately investigating to determine how to achieve the best outcome for you. With so much to lose, you need a smart, compassionate, and hard-working defense lawyer fighting for your rights. Call Steve today. The initial consultation is free.