One minute you’re thinking about the chores you need to do; the next, you’re being told by a sheriff to collect your things and get out of the house due to an injunction for protection against domestic violence (restraining order) made against you. In this blog post, a Volusia criminal defense attorney will explain how you can respond to a restraining order.
Initial Response: Follow the Order
You’re surprised, you’re frustrated, and you’re hurt; but now is not the time to let those feelings go to your head. Once an officer serves you a restraining order, you must follow it. It doesn’t matter if you’re innocent, it doesn’t matter if you disagree with the order; you must follow it. If you break the restraining order, you could face criminal penalties for violating a legal document.
Therefore, get your things and immediately follow the rules of the order.
Actual Response: Fighting the Order
Although a served restraining order immediately takes effect, you will have a chance to fight for your side of the story. Your “return hearing” is generally scheduled within two weeks of your initial service date, and a court’s goal for a return hearing is to determine if your domestic violence injunction should stay active or be thrown out.
That means you have about two weeks to prepare a defense against your restraining order.
Restraining orders are complicated matters, which is why fighting a restraining order on your own isn’t a good idea. An experienced criminal defense attorney will help you make your case at the return hearing, giving you a shot at defeating the order and returning everything to normal.
If you need representation for your restraining order return hearing, call (386) 693-1637 now for a free consultation!