PRACTICE AREAS

Restraining Orders

I am committed to keeping you and your family safe.  Although there are many types and definitions of abuse, the court considers it abuse if a family or household member:

  1. attempts to cause or intentionally, knowingly or recklessly causes someone bodily injury;

  2. intentionally, knowingly or recklessly places someone in fear of imminent bodily injury;

  3. causes someone to engage in involuntary sexual relations by force or threat of force. 

The court may issue a restraining order if the court finds that the abuse occurred within the last 180 days and that the person seeking the restraining order is in imminent danger of further abuse.  A restraining order will prohibit the abuser from having contact with the person who obtained the restraining order.  If the parties have children together, the court may also grant temporary custody of the children and set a safety-focused parenting plan.  If a person is over the age of 65 or has disabilities the court applies different criteria to determine if a restraining order is available.  I can help you obtain a restraining order and represent you at a hearing if necessary. 

On the other hand, sometimes people get a restraining order by lying or misleading the court.  In order to contest a restraining order that was improperly obtained, a hearing must be requested within 30 days of the date of service of the restraining order.  If someone has improperly obtained a restraining order against you, I can request a hearing on your behalf and work to get the restraining order dismissed.