When a protective order, restraining order or stalking order is filed against you, it is important to understand what is at stake. When an applicant claims that they are victims of domestic violence, for example, a superior court judge may immediately issue a protective order. Family violence can be classified as many things, from battery to trespass to damage to property. A protective order can even be issued by default if the respondent is not present. Those kinds of short-term orders, called ex parte orders, require a hearing in which the respondent has the opportunity to be heard before the order is extended.
There are several reasons why it is important to understand protective orders. Most obviously, these orders can greatly restrict your behavior. Many, many negative consequences can stem from a protective order, and it can be very difficult to withdraw the orders later.
Protective orders can seem unfair and can have long-lasting impact. If you and/or a family member have been restrained from your home and/or children, please contact Treadaway & Treadaway.