The Law Office of Adam T. Spicer is prepared to assist in obtaining or defending any restraining order.
- After an application for a restraining order is filed in court it must be served on the defendant or respondent.
- Usually, there will be a hearing to decide any factual differences and then a Judge will decide if there is enough evidence to issue a restraining order.
- The order can direct a person to stay away from a person and certain places. It can also direct that no contact occur. And, in some instances, more specific orders are made.
- After a Judge receives an application for a restraining order, they must decide whether or not to issue a temporary order (TRO) until the time of the hearing.
- The purpose of a civil harassment restraining order to prevent violence, threats or a annoying and harassing course of conduct
- There is nothing else that needs to be proved except violence, threats or the annoying course of conduct in order to get a civil harassment restraining order.
- There is no required relationship between the parties; anyone can get a civil harassment restraining order.
- In order to get a domestic violence restraining order there must be a qualifying relationship between the parties. Spouses, people in a dating relationship, parents of the same child and people living together can qualify for this type of restraining order.
- The restraining order can be based on different types of conduct if the qualifying relationship is proved.
- Family law cases are those involving divorce or child custody
- Generally a case is not filed or started seeking a family law restraining order. But, a Judge hearing a family law case can issue a restraining order if facts come up during the case that would warrant protecting one party from another.