Have you been issued a restraining order? It can be a very upsetting experience, and you likely have many questions about your options and the impact a restraining order will have upon your life. At Blischak Law, we have extensive experience defending clients who have been issued restraining orders. Keep reading to learn more about what a restraining order is and how our attorneys can help you fight back.
Judges typically issue restraining orders against you if someone goes to court and shows that they are in fear for their safety because of your actions. Many times, restraining orders are sought in domestic violence situations, where victims of domestic violence need protection from their violent abusers. Unfortunately, while restraining orders have a valid purpose in protecting true victims, they are often abused to harass individuals, cause embarrassment, or gain the upper hand in domestic legal disputes. If this is happening to you, our experienced criminal defense attorneys can help you fight the restraining order.
Once you have been served by law enforcement or a process server with the order of protection, it can last for a whole year. The implications can be significant: it can prevent you from having contact with the individual you might legitimately need to, and it can also significantly negatively impact any legal proceedings brought against you, like custody hearings and other parental rights matters.
Our experienced criminal defense attorneys know that you have the right to a hearing to determine the validity of the Order against you. During these hearings, our attorneys will vigorously assert all applicable defenses to help build your case. We will produce any evidence or witness testimony that can help show that you did not do the harmful acts you are alleged to have done which form the basis for the Order of Protection.
It is important to remember that while the Order is in place, and before our attorneys have had the chance to try and get it overturned, that a judge can determine you are a credible safety threat to the person who secured the Order. What this means is that you may need to surrender your guns to the local police or sheriff’s office within 24 hours of service of the order. Further, it also means that you cannot have contact with the person who secured the order against you. This can include in person and verbal contact as well as contact by text message and emails.
Finally, it is important to know that, while simply being served with an Order of Protection does not mean you will be arrested, it does mean that, if you violate any of these provisions you may be placed under arrest. This is why it is critically important to retain the services of experienced criminal defense attorneys: an unwarranted Order founded on untruths can, in fact, form the basis for a future arrest.
If you’ve had a protective order issued against you, you need an attorney, and best decision you can make is to retain the services of experienced criminal defense attorneys at Blischak Law. Contact us today. We serve protective order clients in the Phoenix, Scottsdale, Mesa, Yuma, Flagstaff, and Glenndale areas, and are ready to help you.
Posted in: Criminal Defense