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Lakewood Restraining Order Attorney

Restraining orders prohibit contact between individuals when one of them is believed to be at risk of harm from the other. While intended to help legitimate victims of domestic violence, they are often used by claimants who fabricate or exaggerate events to try to receive an upper hand in a domestic case. These orders can force you to move out of your home, limit contact with your children, and usurp your rights. If you have received notification someone is seeking a restraining order against you or you are charged with violating an existing restraining order, our Lakewood domestic violence lawyer can help.

Obtaining and Contesting Restraining Orders

The process for someone to obtain a restraining order is relatively straightforward. The alleged victim, called the petitioner, usually prepares a simple petition and files it with the county court. Judges often issue temporary restraining orders on the same day. This process is ex parte, so the defendant, also known as the respondent, does not have to be notified.

Temporary restraining orders are only effective for up to 14 days. A hearing will be scheduled to determine whether a permanent restraining order should be put in place to protect the petitioner. The respondent is served with the temporary order and can contest a permanent order from being put in place. The respondent can appear in court to contest the order. Having a restraining order imposed against you can negatively affect your life. The outcome and testimony you provide at this hearing can also impact any associated criminal charges, such as assault charges or domestic violence, so it’s essential you seek legal representation to protect your rights.

Legal Effects of Restraining Orders

Restraining orders can contain various requirements and restrictions on the respondent, including:

  • Not having contact with the petitioner
  • Moving out of a shared residence
  • Staying away from the petitioner’s home, place of work, and other places they frequent
  • Limiting or eliminating contact with children in common
  • Losing temporary decision-making responsibility for children
  • Paying child support until a new support order is put in place
  • Attending counseling
  • Restricting Second Amendment rights

Restraining orders show up in background checks, so they can negatively affect a person’s job or housing opportunities.

If you do not contest the restraining order, the judge can order any relief they deem appropriate. However, you can defend yourself against restraining orders with our help.

Restraining Order Violations

If you violate the terms of a restraining order, you can face jail time and fines. This can be charged as a misdemeanor or felony, depending on the circumstances. Such penalties are in addition to any other penalties the court imposes for any other crimes you are charged with.

Contact Our Criminal Defense Lawyer for Legal Assistance

If you have been served with a temporary restraining order or have been charged with violating a restraining order, call (888) 565-2217 or fill out our contact form to learn more about how Elaine Lukic, our Lakewood criminal defense attorney, can help.