Often referred to as a restraining order, a domestic violence injunction can create a number of complications in a person's life. They are relatively easy to initiate; someone who believes you pose a threat to them, their family, or their children can file an affidavit at their local courthouse. Once the affidavit is approved, the court will issue a temporary restraining order and schedule a hearing for 14 days later to determine if the domestic violence injunction needs to be extended.
When a restraining order is initially issued, you are not called to testify or offer your side of the story; the order is simply issued and you are notified. At the hearing 14 days later, you can call witnesses and challenge the grounds for maintaining the domestic violence injunction against you. If the restraining order is extended, the consequences can be more far-reaching than most people realize.
If a restraining order has been issued against you, do not wait until your hearing to begin the process of challenging the grounds for issuing the injunction. Contact the criminal defense lawyers at Aaron Delgado & Associates. We have offices in Daytona Beach and DeLand, and offer free initial consultations for domestic violence defense.
Our lawyers frequently counsel and defend people who have had a restraining order issued against them. Once a restraining order has been issued against you, you will be required to do all of the following in order to comply with the law:
It is not uncommon for an ex-spouse or ex-partner to use a restraining order to gain more control over where and what a person can do during a divorce, break-up, or heated argument. As such, it's important to challenge the basis for requesting a restraining order by telling your side of the story.
Our defense attorneys interview neighbors, witnesses, review medical records, and gather other kinds of evidence in order to thoroughly tell your side of what happened. If there is no evidence of a threat or domestic violence on your part, but plenty of information indicating your ex-spouse or ex-partner has an agenda to force you out of their life, the court may choose to remove a restraining order.
The consequences of a restraining order can be far-reaching, especially if you are ever convicted of violating one. Don't let a temporary restraining order become permanent. Contact a restraining order lawyer at Aaron Delgado & Associates, today to learn how we can help you. We are available 24/7 at 386-222-6677 for emergency situations.