Restraining Order and Violation Defense

Restraining orders are orders by Judges that are typically used in domestic situations by abused spouses or partners and elderly people, who feel harassed or allege or they are the victims of domestic violence. Domestic violence behavior, is not just physical abuse but comes in many forms including but not limited to; stalking, harassing, threatening, blocking the movements or restraining the persons freedom of movement and or other offensive conduct that has caused them significant mental or physical distress. In some cases, a neighbor may feel that an ongoing argument or feud with you has become a threatening situation to them and will seek a protective or restraining order against you.

The Law Offices of Natalio Pereira can defend those who have been served with a restraining order at their hearings in which the court decides whether there is sufficient evidence to issue a temporary or permanent restraining order. If you violate a restraining order, you are considered to be in contempt of court and face possible fines and jail time.

There are different types of restraining orders that a court may issue:

Emergency Protective Orders (EPO)

You can be served almost immediately with an EPO if anyone contacts law enforcement with a complaint of possible domestic violence or elder abuse. If police observe signs of abuse such as bruises or otherwise believe that domestic violence did occur, then they can request that a judge issue an Emergency Protective Order the same day or evening. The effect of the order is that you may have to immediately leave the residence and refrain from any contact with the accuser. A typical EPO may last from 7 to 10 days and will terminate unless the accused seeks a temporary restraining order or the court issues a full criminal protective order. .

If you have been issued an EPO, it is essential that you seek the experienced legal counsel like the partners at Pereira & Moffatt, or risk losing the opportunity to defend the allegations before you.

Temporary Restraining Orders (TRO)

A TRO may be requested by someone ex parte, or by going to court without the need for your presence or to even serve you with notice of the appearance. These orders are sought if you are have been alleged to have created some physical harm or threat to the alleged victim or "petitioner". The petitioner is the one who is requesting the order for another person to stay away from them. The person who is restrained in these hearings is the "respondent".   

A TRO can have a dramatic effect on your life, which includes not being able to be within 100 yards of your home or loved ones. To abide by this order, one must seek shelter at another family members or friend’s home or motel and not have access to your possessions. If you do come within a certain proximity to the accused, you could be forced to immediately leave the area or face a restraining order violation.

Permanent Restraining Orders

If a TRO is issued, you have very little time to retain an attorney to represent you. If the permanent order is issued, it may last several years or until you can convince a judge that a modification is warranted and that you are no longer a threat to the victim. Within the permanent restraining order, the court may require that you participate and complete counseling or other court-approved programs.

Possible Defenses to Violating a Restraining Order

1. Lack of Intent. Many times a person may claim that the alleged violation was a mistake or was not intentional. Another defense is that the petitioner initiated the contact usually by text messages or phone calls and then later makes an accusation about the illegal contact. .

2. Lack of knowledge. This can arise if you were not properly served with the order or can show that service was not validly performed.

3. Inability to follow the terms of the order. If the terms of the order are unreasonable or unfairly restricts you, then you lacked the ability to comply. For instance, if both people are employed at the same work place, and the order prohibits you from entering your place of work,  a court will probably rule that you could not comply with it.

4. False allegations. If the facts upon which the order was issued are shown to have been fabricated, then the order is invalid. Many times, custody battles or jealousy or scorn are the true motivators for an accuser to seek a restraining order.

Do not attempt to defend yourself if facing a restraining order violation. Contact an experienced defense attorney like the Law Offices of Natalio Pereira today at (800) 926-1852 for a free initial consultation.