Restraining Order Process


The first thing we do with restraining orders is we challenge them. Most people do not challenge the criminal court issued orders and don’t even that they can be challenged. You’re still entitled to a hearing after the order issues and you can go ahead and have your hearing on that. That’s typically free discovery you get to cross-examine a witness and figure out what they’re going to say which is a helpful preview so you know whether you do or don’t want to go to trial. They need to be fought vigorously because they can be so dangerous and damaging to a potential defendant.
A lot of time during a case they say in restraining orders if you have one and you’re both in a store the person who has the restraining order against them is supposed to turn around and walk away and sometimes you don’t see a person you don’t know where they are and all of sudden you’re leaving the supermarket or something and all of a sudden the police are outside are asking to see you and the other person had been there called the police and all of a sudden there’s potentially a new charge onto of the existing domestic violence charge. They’re fraught with peril.

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