Restraining Orders

The Law Office of Adam T. Spicer is prepared to assist in obtaining or defending any restraining order.

Procedure
  • 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.
Civil Harassment
  • 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.
Domestic Violence
  • 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
  • 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.

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