A Restraining order is not a criminal prosecution; it is civil.
However, once in place, it will be on your record and if you violate it in any way, it can result in criminal charges. This 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!
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.
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Generally, the judge will initially put a Restraining Order into effect for about 10 days. At that time, the Defendant can come into court 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. Call The Law Offices of Elliot Savitz & Scott Bradley at, (781) 974-3429 and see what your options are in a free consultation.
Praise from past clients …
“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!”
“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.”