In the right situation, a restraining order can be helpful in protecting victims from the threat of violence. However, they are sometimes assigned in cases where they serve no meaningful purpose. If you've been the subject of a restraining order in a situation that does not warrant such extreme legal action, it's important you understand your rights and options and hire a lawyer to help you take action.
3 Tips for Contesting a Restraining Order
1. Honor Court Dates & Rulings
After a restraining order has been filed, the legal injunction will inform you of the path you need to take to fight it. This usually involves filing a formal response and showing up to court at the appointed place and time. Show up on time, dress professionally, and be calm and respectful throughout the proceedings. Also, if a temporary restraining order (TRO) has been filed against you, abide by its terms; this demonstrates your willingness to follow the law.
2. Hire a Lawyer
A lawyer will help you better understand how the legal process works, as well as the most effective strategies to employ. They know the justice system, and they will handle all court filings and paperwork on your behalf. Moreover, an attorney will help strengthen your case by counseling you on how best to present yourself and your situation.
3. Compile Tangible Evidence
On the surface, cases involving restraining orders seem like little more than one party's word against another. However, if you have a strong defense, then tangible evidence exists to support your position. For example, if you are wrongfully accused of harassing someone by repeatedly calling them on your cellphone at certain dates and times, bring in your phone records to show that no such calls were made. Or, if you are accused of standing outside someone's building and lying in wait for them at specific times, check for security camera footage. It will take some investigation, but it’s worth your time.
A restraining order doesn't mean you don't have any legal options; let a trusted lawyer explore your possible defenses with you. The team at The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer in Wahoo, NE, will fight to protect your rights. Call (402) 443-3225 today, or visit them online to arrange a consultation. You can also follow the law office on Twitter for legal tips and advice.