What is a domestic violence restraining order?
A domestic violence restraining order is a court order that prohibits someone from contacting or coming near an alleged victim or other protected person. It aims to prevent abuse, intimidation, or harassment. The court may issue this order if it finds sufficient evidence of domestic violence or credible threats of harm.
When the District Attorney charges someone with domestic violence, it may prohibit that person from having any contact with the alleged victim. Alternatively, the court may allow contact, but require that the accused person not threaten, annoy or harass the protected person. Additionally, it may require that an accused relinquish or sell any firearms they may have in their possession.
This process can be confusing, and oftentimes requires a hearing before the court in order to contest or modify an existing restraining order. Violation of a domestic violence restraining order can result in severe consequences, including fines, imprisonment, or both. Therefore, it's crucial for both parties to adhere to the terms outlined in the judge’s order.
Quite often, an alleged victim wants to have some form of contact with someone accused of domestic violence. There are many reasons for this, for example, a victim may want help with childcare, or other family business that would be extremely difficult or impossible to achieve if the court were to issue an order prohibiting all contact with a protected person. A protected party may request that the court allow physical contact or contact by phone, text message, email, or that contact be allowed to ensure the safe exchange of children and childcare.
If you or a loved one is charged with domestic violence, and the alleged victim wants to have physical or other forms of contact, I could bring your matter to the court and contest or seek to modify the terms of a restraining order. With extensive experience in these types of cases, I would be pleased to help you through this oftentimes difficult and confusing process.
