How to Fight a Final Restraining Order Violation
If you have been served with a temporary restraining order, you are now also aware that a hearing will be held to make that order permanent. If you have made the decision to fight a final restraining order, there are certain specific steps you can take. You must know what to do to put yourself in the best possible position to prevail in your efforts to prevent the issuance of a final restraining order.
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Things You'll Need
- Copy of the temporary restraining order.
- List of witnesses who can support your case.
- Time and place of the hearing on the final restraining order.
Instructions
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Abide by the terms of the temporary restraining order. Even if you disagree with the issuance of a restraining order in the first place, by complying with the temporary order you will demonstrate to the court that you respect the law and are able to control your conduct and behavior.
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Typically, a temporary restraining order is issued by the court based on an allegation that you have demonstrated a propensity for anger or violence. If that is the allegation in your case, attending some sort of anger management class or counseling or a similar program, can be invaluable when it comes to your own efforts to fight a final restraining order. Obtain evidence of your participation of the educational or counseling program. You want to be able to document for the court that you are serious about ensuring that you will not be at fault for any future conflicts between you and the individual who is seeking the restraining order.
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There are times when a temporary restraining order should not have been issued in the first place. In our judicial system, temporary restraining orders are easy to obtain. Therefore, if you are not guilty of any of the allegations that gave rise to the temporary order, you need to gather evidence to support your position. This should include witnesses if at all possible.
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When you do appear in court about the final restraining order, you need to make absolutely certain you control your temper and emotions at all times. While this may seem like common sense, the courtroom setting is stressful and even the most-controlled people sometimes lose their temper.
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Because a final restraining order has serious ramifications, you will want to consider retaining the professional services of an attorney to assist you in fighting your case. While an attorney is not necessary in many cases, having one at your side nevertheless can be beneficial.
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Tips & Warnings
Throughout the restraining order process, you cannot let your emotions get the best of you.
