Temporary Restraining Orders
It is very easy for someone to get a temporary restraining order against another, even if the claims are untrue. This temporary restraining order is done “ex-parte,” which means that the judge decides on the restraining order without both sides present.
Permanent Retraining Orders
After a temporary restraining order is issued, the court will set a date for a hearing on a permanent restraining order. This is the other party’s chance to fight the restraining order. At that hearing there are several possible resolutions. Both sides can agree to a restraining order or a dismissal of the restraining order, or the court can have a hearing and make a decision.
Consequences of a Restraining Order
Having a restraining order against you can have serious consequences including:
- Losing the right to carry a firearm or other dangerous weapon,
- Losing legal status in the United States and other immigration consequences,
- Losing the ability to hold certain jobs that do background checks, and
- Time in jail/prison if the restraining order is violated…even if the contact is “invited” by the other party.
Right to Counsel
You do not have the right to free counsel at a restraining order hearing, but you do have the right to retain and bring private counsel.
The Lawyers at McGraw & Strickland have won many serious restraining orders, keeping our clients’ records clean.