Temporary Restraining Order Attorney

A temporary restraining order is issued for thirty days or less. The order is granted temporarily until such time a Judge can conduct a full hearing with witness testimony and evidence. Emergency relief is necessary when the likelihood of immediate irreparable harm will result is relief is not granted right away. An affidavit signed by the victim or concerned or harmed party must state facts that would lead a judge to believe and rely on in deciding if an immediate temporary restraining order is warranted.

When You Need More Than Thirty Days

You will have an opportunity to ask the Judge to issue the restraining order for a longer period of time at a court hearing which is set when the temporary order is issued. Both the Plaintiff and the Defendant are required to appear in court and present evidence in support of or against the need for a restraining order. Each party is allowed to present evidence and testify under oath to respond to or dispute the allegations alleged in the affidavit.

A Permanent Restraining Order

There are a few ways to obtain a permanent order:

  • Abuse: If a family member has abused you and you need protection, this is called an abuse complaint. The restraining order can only be processed when no other pending issues such as a divorce, granting of child support custody, etc are present. Following the expiration of the thirty day restraint you can obtain a restraining order for up to three years for an abuse case. After the three year period you will have to reapply to the court for an extension if you still feel a restraining order is required.
  • Divorce: You can have a judge issue a restraining order in your divorce case by proving that you were abused and are in need of protection. This restraining order remains in place until both parties agree on its removal, or the court orders otherwise. In theory, a restraining order of this kind could go on forever. In most cases this type of restraining order is put in place to calm the parties down while the divorce is pending – it helps to keep the peace until clearer heads prevail. In most cases the restraining order lasts long enough for the two parties to have time to collect their thoughts and put emotion aside in order to come up with agreements about the children, property, etc.
  • Criminal: In cases where there has been an act of violence against another, criminal charges are brought against the perpetrator and a no contact order is issued restraining the perpetrator from contacting or having any interaction with the victim pending a trial on the underlying criminal charges. If the alleged criminal is convicted of the crime, the no contact order will remain in place throughout the sentence/probation period. At the end of the sentence/probation, the no contact order expires.

If You Relocate

The restraining order will protect you from any contact from the defendant no matter where you live in the US.

How Martineau Davis & Associates Can Help

We act swiftly. We get the police involved when required and rush to the court so we can get an emergency order signed by a judge by presenting the affidavit. With our experience we are often able to get a court order the very same day they contact our office.

Martineau Davis & Associates is committed to aggressive advocacy for our clients while maintaining the highest level of professionalism, integrity, and ethical standards. Contact us at 401-234-0751.

Related Links