Hampton Roads Restraining Order Lawyer

If you have been ordered by the court to evacuate your place of residence due to a restraining order and cannot contact the opposing party, know that it is possible to fight against these decisions. A seasoned Hampton Roads restraining order lawyer could make a case against the party who filed the order to examine whether or not their cause was truly lawful, and potentially get the restraining order dismissed in the best case scenarios. Read on to learn more about how a skilled defense attorney could make a difference in your case today.

What is a Restraining Order?

A restraining order is where an individual is ordered by the court not to engage in a certain action. Usually, these orders require individuals to stay away from someone or have no contact with them. It can also require them to have to seek out another residence while the proceedings are going on. Anyone can file for an initial restraining order. An individual must see a magistrate and show that they are either in fear of their life or fear that irreparable harm would be done. Eventually, it moves onto a judge who makes the final decision.

If an individual is under a restraining order, it is in their best interest to fight it as quickly as they can. A skilled Hampton Roads restraining order attorney can help determine if the argument meets the legal burden necessary for establishing that they need a restraining order. A lawyer may be able to help get that restraining order dismissed.

Violation Penalties

If someone violates a restraining order, they could face a different set of penalties depending on the type of restraining order and the action taken. They could face being charged with contempt of court or violating a protective order, which is a Class C misdemeanor. There are several civil and criminal penalties that the defendant could ultimately face.

Ex Parte Restraining Orders

An ex parte restraining order takes place when one party goes in front of the judge and requests a restraining order when the other party is not present. These circumstances are rare, but an ex parte order is usually issued when there is an imminent threat of danger to the other party. It is instilled for a period of time, and then the other party will be given an opportunity to answer.

When there is an ex parte order, law enforcement tries to get the defendant in the court as quickly as possible. For example, if it is an emergency removal order where a child is removed from the house, then the court sets a hearing within five to seven business days. The understanding is that this is a very serious act and proceeding without the defendant being in court is justifiable on a limited basis, but they still have the opportunity to address the charges against them.

Case Impacts

An ex parte order can be extended if it is shown that the individual requesting the restraining order is still under a threat or if there is some sort of delay in getting to court. This type of order can impact a case because if both parties share a residence, the defendant will not be allowed back into that residence. This ultimately impacts their ability to gather certain evidence that could be used in the case.

The Role of a Hampton Roads Restraining Order Lawyer

While receiving a restraining order can be a frightening situation, know that you do not have to face it alone. A professional Hampton Roads restraining order lawyer can fight against the court’s actions by examining whether or not the other party truly has a legal basis to request an order. An attorney could help strengthen your case by gathering evidence on your behalf, interviewing key witnesses, and building a strong defense strategy in your favor.