Domestic violence exists in a relationship (e.g., where people live or have lived together and/or are family members or sexual partners) where one person threatens/inflicts another person with physical or sexual harm or emotional harassment, violates their personal sense of space or peace, or destroys personal property.
Domestic violence means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship.
Temporary Restraining Orders:
If you are a victim of domestic violence, I can help you obtain a Temporary Restraining Order (TRO). A restraining order may direct the named party not to approach you, your home, or work. It may also prohibit a person from making any efforts to communicate with you.
A domestic violence restraining order is a court order that protects a person from being abused by another person. You will have to go to court to prove your domestic violence case, and it is important to have an attorney who can represent your best interests.
A temporary restraining order can force the restrained person to:
- Not contact you.
- Stay away from you, your family, or the people that you live with.
- Move out of your home.
- Not take more than personal clothing and toiletries and any other items specifically ordered by the court.
- Follow any other directive deemed necessary by the court for your protection.
Once a restraining order is issued, only the judge is authorized to revise or terminate the order. The TRO usually lasts until the next scheduled court hearing, during which time the judge will rule whether to continue or terminate the restraining order. This hearing must be held within fourteen (14) days of entry of the TRO. If the person who is restrained violates the order, they can be charged with committing a crime.
If a person is charged with committing a misdemeanor or felony domestic violence crime, their case will be heard in the criminal court.
Time is of the essence when seeking a domestic violence restraining order. In all domestic violence matters, I will do everything possible to resolve such very personal and often painful legal matters as quickly and sensitively as possible.
If a temporary restraining order (TRO) has been issued against you, and you would like to respond to it, you will need to appear at the hearing with an attorney. If you do not have time to obtain an attorney prior to the initial hearing you can request a continuance in order to obtain an attorney. However, if you are granted a continuance the TRO will remain in place until the new hearing date. I can represent you in this situation so that your rights are protected and so that your concerns can be brought to the attention of the court.
If you are involved in a domestic violence dispute and you would like to speak to an attorney, contact me.