Restraining orders are excellent tools to help victims of domestic violence, harassment, or crime stay protected against future harm. However, restraining orders are not appropriate in every scenario they are requested. In most situations, fighting a restraining order will be very difficult if there is good evidence against the person whom restraint is sought against.

Below are 3 tips on how to fight a restraining order.

Not showing up to court is a surefire way to lose a restraining order petition. If you don’t show up, and don’t hire an attorney, the likelihood of losing is extremely high, particularly if the petitioner (person asking for the order) shows up. 

On top of just showing up, read the papers you were served, and either hire an attorney to file a response, or file a response yourself. Failing to file a response document with the court can allow the court to discount and not consider your spoken arguments at the hearing.

2. Gather Actual Evidence

Although in many cases there may be no evidence apart from the testimony of yourself and some witnesses, frequently, people forget that corroborating evidence can make or break a case. For instance, if it is alleged that you harassed someone by phone, bringing your phone bills that show you placed no calls to them during the time period in question could bolster your testimony, especially if you are being wrongly or falsely accused. 

3. Obey the TRO

Prior to the hearing on a restraining order petition, a court will often issue a temporary restraining order (TRO). A TRO prevents a named individual from making contact with the protected individual until the court can make a ruling on the normal restraining order. A TRO, depending on the jurisdiction, may have additional conditions attached, such as requiring the restrained individual to temporarily give up possession of any firearms to law enforcement while the order is in effect.

While a TRO is only temporary, failing to abide by the terms of a TRO can result in arrest, and criminal charges being filed. Additionally, it will likely anger, or upset, the judge tasked with ruling on the permanent restraining order.

Related Resources:

  • Find Criminal Defense Lawyers Near You (FindLaw’s Lawyer Directory)
  • Top 5 Legal Questions for Victims of Domestic Violence (FindLaw’s Law and Daily Life)
  • What to Do If Someone Threatens You (FindLaw’s Law and Daily Life)
  • Legal How-To: Appeal a Restraining Order (FindLaw’s Law and Daily Life)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules