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For the Petitioner:
Petitioner’s sometimes
lose their case because he or she is under a great deal
of stress, is not familiar with the courtroom
environment and procedures, and did not emphasize the
necessary legal elements for obtaining a restraining
order, but focused instead on something that the court
sees as irrelevant. The rules of evidence, which decide
what evidence and be admitted and considered by the
Judge, and how exactly it can come in, apply in these
hearings. I have handled restraining order cases for
over 10 years, both as a government prosecutor and then
as a private attorney, and will focus your case on the
necessary facts by helping you gather and present the
necessary witnesses and relevant evidence. One of my
goals is that through your confidence in my
representation, you will be better able to remain
emotionally grounded and focused during a very
frightening and intimidating process.
For the Respondent:
Respondent’s sometimes
lose their case because they too are experiencing an
emotional and terrifying process, and fail to properly
prepare and present their case to the Court. Your
freedom is at stake, you may have lost the right to see
your children, you can’t get into your home to get your
clothes, and you can’t go anywhere where the Petitioner
might be present. If the restraining order is upheld, a
number of obstacles now stand in your way:
-
You can be arrested
and charged for contempt of court, and will not have
the right to a jury trial. You can serve up to 6
months in jail for each count of contempt…
-
You must abide by the
conditions of the restraining order, including child
custody, for a minimum of one year…and it can be
renewed indefinitely
-
The Petitioner has a
major advantage in winning custody of the children
in a divorce, because a court has now found that you
have subjected him or her to domestic violence…
-
Restraining Orders
are generally not eligible for expungement, and can
stay on your record forever….
-
You can lose your
right to possess a firearm under Federal Law.
Contesting a restraining
order in court without a competent experienced attorney
is gambling with your freedom. Not only are you at a
disadvantage being unaware of courtroom procedures and
the rules of evidence, but being in the position of a
having false allegations made against you puts you in an
emotional state that can actually make you appear
defensive, abusive and guilty. You need professional
representation to protect your rights. |
