Can You Fight a Restraining Order?
Yes. Restraining orders often surprise the people who are accused of wrongdoing. Although a hearing for a restraining order is issued when created, there may not be enough evidence for the order to be imposed against the accused. If you receive a restraining order, you’ll want to get in touch with a qualified attorney to provide you with the defense you’ll need to fight the restraining order.
How Do I Fight a Restraining Order?
Make the Hearing
First and foremost, show up to the hearing that’s been scheduled. This will show the judge you are serious about disputing the charges levied against you. Missing the hearing will increase your chances of losing the case and may result in a longer order.
Follow the Temporary Order
Before the restraining order is issued, most courts will implement a temporary restraining order. These orders are designed to prevent the accused from making contact with the filer until the court makes a final ruling. You should follow a temporary restraining order regardless of your innocence.
Consequences for failing to follow your temporary order may include:
Losing the restraining order debate.
Finally, you will want to gather any corroborating evidence that makes your case. For example, if the restraining order involves allegations that you harassed someone by repeatedly calling them, yet you can produce copies of previous phone bills to prove that’s not true, this could show that you did nothing wrong and that you are being falsely accused.
Always bring corroborating evidence with you to the hearing. Generally, you will want to have three copies of everything - one for you, one for the judge, and one for the other side.
These are just a few of the many things that you can do to fight a restraining order, but they are a start. However, the best thing you can do is talk to an experienced restraining order attorney!
Call (386) 693-1637 now for a free consultation for your case!