The first step in fighting a restraining order is to contact an attorney right away so that they can begin working on your case. You will have a chance at your hearing to present evidence in your defense, and an attorney will know precisely what you will need to best fight the injunction.
How do I dispute a restraining order?
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve ” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
Does a restraining order ruin your life?
A restraining order or order of protection can be a person’s last resort against threatening or harassing behavior. They can also be a person’s only means to stop domestic violence or abuse. In some cases, restraining orders can save lives. In other cases, they can ruin lives or be a tool for harassment.
Why do people fight restraining orders?
Elder Abuse Restraining Orders Abuse, abandonment or neglect. Isolation or abduction. Financial abuse. Caregivers depriving the victim of services that they need to avoid physical harm or mental suffering.
How do I appeal a denied restraining order?
If you were denied a final protection order, you have the right to appeal your case to the circuit court. The appeal must be filed at the circuit court clerk’s office within ten days from the judge’s denial of the order. A Circuit Court hearing on the appeal will be held within ten days of the date the appeal is filed.
Is a restraining order public record?
Unless they have been sealed for some reason, like any other court order or document, a restraining order, or protective order as they are otherwise known, are a matter of public record.
Is a restraining order a felony?
Typical Consequences for Restraining Order Violation A person who violates an order of protection may be facing fines, jail time, or both. Restraining order violation is most often charged as a misdemeanor, though it may become a felony under some circumstances.