A Restraining Order can be a huge burden on one’s life. Generally, the restrained person must not contact the protected party, children, other relatives and those who live with the restrained party. This means staying away from their residence, work, and/or children’s schools/daycares. It means leaving your home, even if you own, lease or rent it together. You must follow child custody and visitation orders, pay child and spousal support, make bill and debt payments, return or release control of certain property to you, and/or stay away from or return your pets. After a hearing, a Restraining Order (Restraining Order After Hearing- ROAH) can also order the restrained person to repay the accuser for any losses due to violence, attend Batterer’s Counseling, pay the attorney’s fees and costs for the accusing party, and/or other necessary orders. Sometimes the most important constitutional right that you may lose when being restrained by a Restraining Order is your 2nd Amendment right to bear arms. Anytime a restraining order is issued, the restrained individual must turn in all of his/her firearms.
Types of Domestic Violence Restraining Orders
- Emergency Protective Order (EPO): This is a short-term order to keep the restrained person away from the protected party, their home and/or children and is ONLY available via the request of law enforcement officers from an on-call judicial officer. The purpose of an EPO is for immediate protection after an alleged incident. These orders usually last about 5-7 days. If you have an EPO issued against you, contact us right away because we may need to prepare an opposition of a Temporary Restraining Order.
- Temporary Restraining Order (TRO): This temporary restraining order is issued to protect a party (and/or your children, property, etc.) until a hearing can be held on the matter. Upon filing for a Restraining Order, the judge may issue a temporary restraining order if s/he believes that immediate protection is needed. Generally these orders are filed after an EPO to continue protection. These orders last for about 20-25 days, until the court date is set.
- Restraining Order After Hearing (ROAH): An ROAH is a longer term restraining order issued to protect a party for a long period of time. The ROAH may order the restrained person to do any the items listed above. It can last up to five years and may have adverse effects on one’s future. An ROAH can be renewed for an additional 5 years or permanently, even without any new showing of abuse. With cases involving children, these orders will include child custody, visitation, and child support orders.
- Criminal Protective Order (CPO): Is a restraining order issued to protect a party from the abuser during and following a criminal case, if the defendant is found or pleads guilty. It may last for 3 years or less. These orders are issued by the court and can not be “dropped” by the protected party.
Having an experienced restraining order attorney on your side is critical. The attorneys at Wilber Law Offices can make sure your voice is heard and that you are not subjected to a one-sided deprivation of your rights.
Marcy’s Law representation (victim/witness representation)
Whether you are charged with a misdemeanor domestic violence charge or a violent felony, Wilber Law Offices has handled hundreds of cases similar to yours and our attorneys know what to look for when evaluating your unique situation. We understand that relationships are often highly emotional and that accusations of domestic violence can often be exaggerated or falsified. Our domestic violence attorneys are dedicated to making sure your voice is heard and that the impact this incident has on your life is minimized as much as possible.
You need an attorney who has experience litigating domestic violence cases of all kinds and at all stages, including jury trial. Contact Wilber Law Offices today so we can review your case with you, explain your options, and get started on your defense.
Contact our office today at (707) 955-5298 to discuss your case.