How do I know if there is a Restraining Order against me?
The best way to find out is to call the clerk of the court closest to where you or the other party lives. The person applying for the restraining order can ask the judge to issue the order without notifying you (the defendant) if the accuser demonstrates that there is a “substantial likelihood of immediate danger of abuse.” The judge may issue the order against the defendant for up to 10 days. After that, the defendant must be notified and given the opportunity to come into court to oppose the order.
How do I prevent a restraining order from issuing against me?
You have the right to be represented by an attorney at a Restraining Order hearing, and it is recommended that you do secure counsel. First, the hearing is being recorded. That means that the prosecutor can get the audio recording and use your words against you at a later date. In addition, if there is a pending criminal case that is related to the Restraining Order, your words could be used against you at trial to make you look guilty or to help prove your guilt.
Attorney Zachary Lown Principal Attorney
Should I hire an attorney to represent me at a Restraining Order hearing?
Yes. At the Restraining Order hearing, Attorney Lown will have the opportunity to cross examine the accuser. That means that Attorney Lown can question the accuser in a such a way as to potentially reveal that the accuser is not telling the truth or that they have ulterior motives. Further, if there is also a criminal case, the Restraining Order hearing is Attorney Lown’s first opportunity to begin preparing your defense. The hearing shows Attorney Lown how the accuser will testify on the witness stand and it provides a better sense of what the accuser will say at trial. Everything the accuser says is also recorded. That means that if the accuser tries to change their story at trial, Attorney Lown will have an audio recording of their prior statements.
Call Lown Law Firm to speak to Attorney Lown about your case, and to begin preparing your defense.