Restraining orders are taken out against someone in domestic violence or civil harassment situations. At times, this type of restraint is abused and it can be taken out against an innocent person.
Restraining orders are powerful tools for protecting people in potentially hazardous situations. They can be taken out against a person for a variety of different reasons including: domestic violence, child abuse, sexual assault, spousal abuse, stalking, harassment, assault and battery, abuse or some other criminal act.
In many cases, restraining orders are taken out in domestic violence settings; they prevent the abuser from coming within a certain distance of the victim. In many cases that means they can’t come near the victim’s home, their place of work, or other places that they commonly frequent. If the abuser is the victim’s partner or spouse, then they could be forced to move out of the family home, and sometimes that means moving away from their children. If a person violates the conditions set forth in the order, they face serious penalties. Violation can result in probation, or even jail time; therefore, one has to be careful to abide by the conditions, even if they are innocent of the allegations.
Having a restraining order taken out against you can be extremely frustrating, especially if you have to move out of your home and lose contact with your children. Both domestic restraining orders and civil harassment orders can be quite serious, and should always be treated as such. An urge to visit with your children, or pick up your belongings can send you straight to jail if it is in violation of the order in any way.
If you are the target of a restraining order, and if you feel that it was taken out based on lies, and as a means of control, then you need professional legal help. Much like certain sex crimes, legal restraint can be used by a manipulative spouse who wishes to gain custody of the children in a divorce. It’s important to keep in mind that restraining orders can certainly have an effect on your child custody and visitation agreement; therefore, you have no other choice but to dispute it and seek to have it lifted.
Having a restraining order taken out against you not only affects where you can go and who you can speak to, it can create a negative stigma as well. Your friends, co-workers and extended family members may believe that you did something wrong and this can place an undue strain on your personal and professional relationships. It will be necessary to hire a criminal defense attorney who can work with you towards getting the restraining order lifted. If you feel that you had a restraining order taken out against you in error, then you have to fight for your freedom and your legal rights. Contact a highly experienced criminal defense attorney as soon as possible, so you can work on getting your freedom restored.