Domestic Violence

woman cringingWhen there had been domestic violence between people living together, married or not, the Court can grant emergency protective orders, including personal conduct orders and stay away orders, including an order requiring that the perpetrator of the violence, the restrained person, to move out immediately, taking along only the clothes and personal effects needed until the next hearing, in about three weeks from the date of the emergency orders.

The court can order that a restrained person must not do the following things to the protected person: contact, harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, block movements. If the parties have children, the Court may allow brief and peaceful communications relating to court-ordered visitation with the parties’ children.

The court can make custody and visitation orders (even including pets!). The court will order the restrained person to give up any guns he or she may have, and not to acquire any more for the duration of the restraining orders.

The Courts are very careful about issuing restraining orders because they violate the restrained person’s Constitutional Rights (freedoms of speech, to own a gun, etc). Being able to write a good explanation to the court to justify the result that we seek enables me to achieve consistently good results for my clients.

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