Restraining Order Defense
Contents
Defending Against Restraining Orders: A Friendly Guide
Getting served with a restraining order can be scary and frustrating. Believe me, I get it. Some lady just files a piece of paper and now you can’t go certain places or talk to certain people? That seems kinda crazy. But don’t worry – there are options. I wrote this article to help explain restraining orders in simple terms and talk about some ways you can defend against them.
What is a Restraining Order?
A restraining order (also called a protective order) is basically a court order that says you can’t contact or go near someone. Restraining orders can cover a lot of things – keeping distance from someone, not contacting them, not contacting their family members, not going to their home or work, stuff like that.
There are a few types of restraining orders:
- Domestic violence restraining orders – These protect against abuse from someone you have an intimate relationship with like a spouse, ex, boyfriend/girlfriend, or someone you live with.
- Civil harassment restraining orders – These protect against non-domestic stalking, harassment, violence or threats from someone like a neighbor, co-worker, etc.
- Workplace violence restraining orders – These protect an employer from violence, stalking, or threats by an employee.
So in short, a restraining order aims to prevent you from contacting or getting close to someone who got the court to issue it against you.
How Do You Get Hit with a Restraining Order?
Restraining orders start with someone filing a request with the court saying you did something bad like abuse them, threaten them, stalk them etc. They’ll tell their side of the story. If the judge believes them, they’ll issue a temporary order pretty quick that same day.
Then, you get served the order by a process server or sheriff. This tells you when you have to show up for a court hearing where the judge decides whether to keep the order in place permanently.
The standard of proof is really low for getting these temporary orders, so don’t be shocked if there’s little evidence against you initially. The key court hearing is later where you can argue your side.
What Should You Do if You Get Served?
Getting legal papers slammed on you can get the blood boiling, I know. But keep calm and make sure you handle this right cuz it’s important:
- Read everything carefully – Don’t skim or throw it aside. Read every page closely including the court date. Missing that date can screw you hard.
- Start prepping your defense – Start writing down your side of things, gathering any evidence like texts, emails, witnesses etc.
- Consider hiring an attorney – Having a lawyer who knows restraining order defenses is clutch. Google local family law attorneys.
- Don’t contact the other party – Tempting as it is, don’t reach out to them at all until this gets resolved. That causes more trouble.
- Follow the order – As unfair as it feels, you gotta follow the order for now or you can get arrested. I’ll talk about fighting it soon though!
I know it’s frustrating but bite your tongue and handle it right. That’ll put you in the best place to fight it.
How Do You Defend Against a Restraining Order?
Now here’s the good stuff! There are a bunch of solid legal defenses you can use to fight restraining orders in court. I’ll break down some of the best ones:
Argue There Was No Abuse
The most straightforward defense is to argue there’s no truth to the abuse, stalking, harassment claims. If you convince the judge it’s all fiction, the order crumbles.
- Provide evidence like texts, emails showing innocent contact
- Use witnesses that know the relationship to testify nothing bad happened
- Question and highlight flaws in the accuser’s story
If there’s zero evidence you did anything wrong, this can be surprisingly effective.
Claim Retaliation
A common defense is to argue the order was filed as retaliation after a bad breakup, employment termination, or some other dispute.
- Gather evidence about the other disputes you were having
- Show the timing of the restraining order came right after those disputes
- Offer witnesses speaking to your accuser’s anger about the other issues
Proving retaliation makes the accuser way less credible.
Say Order Violates Your Rights
Restraining orders can sometimes violate your legal rights. Defenses along these lines include:
- Free speech – Argue the no contact rules infringe on your 1st Amendment rights
- Parenting rights – If it limits your custody/visitation rights for your kids
- Religious rights – If it bars you from a house of worship
- Right to bear arms – If the order strips your 2nd Amendment gun rights
Courts tread carefully around legal rights so pointing out violations can work.
Highlight Due Process Issues
There are rules of due process that must be followed when issuing restraining orders because they strip people’s rights. You can argue:
- Lack of specific facts – Order needs specific dates/times/evidence which may be missing
- Unreasonable restrictions – Barring you from too many places for too long is often overreach
- No imminent threat – Has to be a recent threat still active, not something old
- Hearsay evidence – Evidence needs to be firsthand, not rumors
Sloppy procedures by the accuser or court can nullify the order.
Final Tips!
Whew, this stuff can confusing, yeah? But you got this! Here are some final bits of advice:
- Document everything – Keep records, get statements in writing, save texts/emails. Paper trail is power!
- Stay calm and respectful – No outbursts or threats. Be disciplined at the hearing no matter how mad you get.
- Consider mediation first – You can suggest meeting to negotiate mutual agreements instead of a court battle.
- Be ready to appeal – If you lose initially, you can appeal to a higher court. So save arguments for the next round!
I hope this guide helps explain what restraining orders are and how you can start defending against them. It’ll still suck dealing with this crap but knowing your options will make you feel more in control. Let me know if you have any other questions!