Restraining Orders

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.

Contact Us

Phone: (575) 523-4321
Fax: (575) 680-1200
Mollie McGraw Esq.
Margaret Strickland Esq.