In cases of domestic violence and disagreement, one party can obtain a restraining order against the other. Restraining orders prevent contact between the parties, whether in person, by phone, via the internet or through a third party. Not only can a restraining order prevent you from seeing or speaking to your spouse, it can prevent you from seeing or contacting your children. You can be prohibited from calling, texting or emailing your children, sending cards or letters, even sending birthday presents. A restraining order can prohibit you from returning to your home and force you to stay away from places where your spouse or children are present, such as schools, churches, family members' homes, workplaces, even local groceries and stores. If you are served with a restraining order, you can be forced to surrender your guns and weapons to police officers and, if the order is made permanent, can be prohibited from owning or purchasing guns in the future. Being served with a restraining order can seriously impact your relationships with your spouse, children, family, friends and lifestyle.
If you are served with a restraining order, you need to understand the process (see our July 20 post). If a restraining order is obtained against you, court officers will serve you personally. By law, you will not be allowed to contact the person who obtained the order. You may be asked to surrender any guns or other weapons you own. A court hearing will be scheduled within one to five days at which you must appear. At the hearing, both parties will have an opportunity to present their case. The judge can decide to void the restraining order, change its terms or make it permanent for one to three years. If the order is made permanent, you may not be allowed to contact your spouse or children in any way while the order is in effect. You will not be allowed to own or purchase fire arms or other weapons. When the restraining order expires, your spouse can go back to court and have it renewed.
The stakes are high. If you do not protect yourself when you are served with a restraining order, the consequences can be life-changing. While you can choose to defend yourself in a restraining order hearing, you place yourself and your freedom at considerable risk if you do not have the expert advice of an experienced criminal defense attorney. If you are served with a restraining order, contact expert criminal defense lawyer Stephen Rodriguez immediately to protect yourself and your rights. Fluent Spanish spoken.
I have been served with papers for stalking which i not done.Do i have to sign the restraining order papers.