Protection and Restraining Orders Lawyers in Jacksonville
If you’ve recently been served with a protection or restraining order, it can be very stressful. While there are likely a lot of emotions that come with this time in your life, fortunately, you do have legal options. With the right legal defense team on your side, you can fight a temporary or permanent restraining order and get your life back on track.
At Weldon Law Group, PLLC, we are dedicated to meeting the needs of our clients and protecting their legal rights. To learn more about our office and how we can help you call 904-204-3420 for more information.
How Are Restraining Orders Issued?
When an individual is found to be in immediate danger by the court, they can be issued a restraining or protection order. Typically, these orders are issued in domestic violence cases or situations with close family members. Protection and restraining orders are put in place to stop the victim from coming into contact with someone they do not feel safe with, usually because of physical assault, harassment, stalking, or sexual assault.
There are two main types of restraining orders:
Temporary Restraining Order
A temporary restraining order, or ex parte restraining order, only lasts a few days. A judge grants these orders without a hearing based on the allegations brought forth by the alleged victim. Temporary restraining orders can only stay in place for a couple of days and are usually just a placeholder until a hearing can be scheduled to issue a permanent restraining order.
Typically, restraining order hearings will be held within a week of being issued a temporary restraining order.
Permanent Restraining Order
Despite their name, permanent restraining orders typically last between one and five years. These restraining orders can only be issued after a hearing and only after the defendant can respond to any allegations brought against them.
How Can I Defend Against a Protection or Restraining Order?
Once you’ve been served with a protection or restraining order, time is of the essence.
Take these steps to defend yourself:
- Follow the protection or restraining order. Not following the instructions in the order can lead to severe penalties, up to and including jail time.
- Contact a protection or restraining order lawyer. Defending yourself against a protection or restraining order isn’t easy to do on your own. At Weldon Law Group, PLLC, we can provide you with experienced legal counsel to represent you in court.
- Gather evidence in your defense. Physical evidence, documents, and witness statements will help defend you against the allegations made in the restraining order.
- Attend the hearing listed in the order. While you aren’t required by law to attend this hearing, it’s your only chance to share your story. Bring your lawyer and any evidence you have with you.
What Should I Avoid Doing When Issued a Protection or Restraining Order?
It can be tempting to do everything you can to defend yourself when you receive a protection or restraining order. However, avoiding certain situations is essential so you don’t get a permanent restraining order or criminal charges.
Be sure to avoid these things:
- Do not talk to the petitioner of the order. Speaking to the person who issued you the order violates any protection or restraining order. This will likely lead to a permanent restraining order or criminal charges.
- Do not destroy evidence. Even if you believe that there is evidence out there that may reflect poorly on you, leave it be. Destroying evidence is seen as suspicious in court.
- Do not disregard a temporary restraining order. Despite its name, temporary restraining orders are just as serious as permanent restraining orders. Just because a temporary order is shorter than a permanent one does not mean you should disregard or violate it.
How Can a Protection or Restraining Order Lawyer Help Me?
Being served with a protection or restraining order is serious business and can have real consequences. Depending on who the petitioner is, it could affect your custody of your children and your ability to live in your home.
Don’t feel like you have to go through this trying time alone. At Weldon Law Group, PLLC, we have a team of experienced lawyers who would be happy to help you with your situation. Call us today at 904-204-3420.