Restraining Order Attorney

Restraining Order Attorney

It could be that your spouse, boyfriend, girlfriend or roommate is taking out a restraining order against you, and you didn’t do anything wrong. Maybe you married someone who is not an American, and he/she wants to stay in the country, but without you.

What if you met someone with children, they moved into your house, and now they want to force you out? That person may have fabricated a story, such as you being physically abusive or is concerned by the threat of immediate physical harm, and now you find a restraining order has been filed against you.

The restraining order is not a criminal prosecution; it is civil. However, once it is in place, it will be on your probation record, and if you violate it in any way, he/she can take out criminal charges on you for violation of an abuse order. That is a criminal offense and can put you in jail. If you are in a panic and don’t know what to do, get legal advice, and get it now!

What is a Restraining Order?

A Restraining Order (or RO, referred to legally as a 209A) is an order of the court forbidding the Defendant from contacting the Plaintiff (a person who brings a case against another in a court of law) either directly or indirectly (through another party), and/or from coming within a certain proximity of the Plaintiff’s residence and/or workplace. This restriction may even apply to the Plaintiff’s children, who, in fact, may be the Defendant’s, as well.

Generally, the judge will initially put a Restraining Order into effect for about 10 days. At that time, the Defendant can come into court (he/she can come in for the first hearing if he/she knows about it) and object to it. The judge then has the option to extend the order for a year or any other period of time, or even for life, depending upon the circumstances. Of course, if the expiration date arrives and the Plaintiff does not show up, the Restraining Order becomes null and void. Also, at any time, the Plaintiff can go into court and request that the RO, or any part of it, be withdrawn.

What are the Criteria for a Restraining Order?

There must have been either the immediate threat of violence or actual violence itself. In addition, the two people must be either family (husband, wife, son, daughter, etc.), involved in a relationship (boyfriend/girlfriend, roommates, etc.) or have previously had a relationship, such as a former boyfriend/girlfriend, or former roommate, etc.

What is the effect of an RO on the Defendant?

Besides a restriction on his/her movement (e.g., the Defendant must not come within so many feet of the plaintiff’s residence or workplace, whether on foot or in a car), the Defendant may have to surrender firearms, or be denied an FID card in the future. He/she will also have the RO on his/her criminal record, usually for the rest of their life, and may even be listed on a national register. Also, as mentioned before, a violation of any provision of the RO can lead to a criminal complaint.

Do I need legal counsel for a Restraining Order?

Simply stated, yes. Whether it was issued for good cause or not, the Defendant must abide by the conditions of the RO, as long as it is in effect. That is why it is usually advisable for the Defendant to appear in court on the next date on the RO to hear what is said and to object to anything improper. It is also advisable that the Defendant be represented by a knowledgeable attorney, who is very familiar with ROs, to protect his/her rights and argue against the issuance of the order, if necessary. If there is or was no relationship between the parties, they are not relatives or there was no violence or threat of immediate violence, the attorney should be able to convince the judge not to issue the order.

Sometimes, whether it is true or not, the Defendant will be accused of violating the order and criminally charged with a violation of the RO. These charges are very serious and could result in incarceration. No matter what the case, you should be represented by an experienced criminal defense attorney at a hearing to issue a RO and at an arraignment, pre-trial conference, compliance & election or trial for violation of the order.


“I’m sitting here thinking about what a remarkable victory you pulled off. I just had to let you know that it was an outstanding victory. Well done.”
“I really wanted to thank you so much. I cannot thank you enough. You were always there to fulfill whatever was required by the court.”
“I wanted to thank you again. I’m at the end of my probation period. I could not have done it without you. You were such a great support. I just want to let you know I appreciated everything you did.”
“I cannot begin to tell you how much I’ve appreciated your most sincere guidance & support. This has been one of the most difficult years we’ve been through with our son. We could not have hoped for a more positive outcome.”
“Dear Elliot, People are not immune to the ‘fortune’ in their life. The bright side is that someone is out there to save them. You are the person saving my fate. You represent ‘integrity and justice.’ You are the best lawyer on earth.”
“Thank you for representing me in court. Everything worked out for the better. I have been attending all my AA meetings, consulting at Catholic Charities and meeting with my probation officer. I haven’t had a drink since the day I went to court and everything is great at home.”
“We were absolutely astonished and very grateful for how Elliot handled our son’s case and would highly recommend him to anyone who is in need of legal council!”
“Dear Elliot, Just a short note filled with heartfelt thanks for your help and support in my defense during my court appearance. I can’t begin to express how grateful I am knowing this foolish incident and its aftermath is finally over. Thank again, so very much.”
“Dear Mr Savitz, Thank you so much for all your hard work, as well as your persistence on my case. I really appreciate your sensitivity in dealing with me on this matter. I feel good about the outcome of my case and am grateful to you for resolving it quickly.”




Call (781) 974-3429 & Take the 1st Step to Developing a Winning Strategy.

Criminal Defense Attorney

If you are facing criminal charges, call The Law Offices of Elliot Savitz & Scott Bradley, at (781) 974-3429.

We are available 24/7 and can assess your criminal charges over the phone to quickly determine your best course of action. Then, our law office will represent you in court as we fight together against your charges.

ATTORNEY CLIENT PRIVILEGE protects your conversation, so you can be open and honest with Attorneys Savitz Bradley whatever the charge or charges. We are genuinely committed to protecting your rights and will always act in your best interest.