Many who have been served with court papers saying they’ve been issued a temporary restraining order have many questions. Some might also think that there’s nothing they can do to clear their name of the accusations against them. However, you can defend yourself against untrue claims of abuse, harassment and damaging or misusing property and funds.
The first step is to determine what type of order with which you’ve been served.
Types of Orders
A restraining order is just one type of order the court can issue to help protect the plaintiff from the defendant. This order protects not only people but also property. They are commonly issued when there is property or shared finances involved in a separation, and a restraining order can set out the rules on what can and cannot be done until there is a final ruling in the case.
A protective order is specifically designed to protect people against acts of violence or acts purposefully carried out to harm them or disrupt their life. A protective order can be issued in instances of physical or threatened physical violence, but also stalking and harassment.
Possible Defense Against a FRO
When deciding how you will defend yourself in court, it’s essential to ask yourself several questions. The answers will help create a plan that you and your attorney can use when appearing in court to determine the status of the final restraining order or final protective order.
Did the Act Occur?
In a few cases, the accusations against the defendant are false. There were no purposeful acts that create a need for a restraining order in the first place. The acts may not have taken place, or the acts may have occurred differently and created a misunderstanding of the intentions.
Is the Order Necessary?
To issue a final restraining or protective order, the court needs to decide if one is necessary. Will the issue persist if there is no final order created? Can there be a peaceful agreement between the two parties, or can the court help mediate a less harsh sentence, such as sending one or both parties for court-mandated counseling or recovery?
Is There Ulterior Motive?
Sometimes, if there is a request for a restraining order during a divorce or other separation, the request is used to throw doubt on the other party or show them in a negative light. In these cases, it is more important than ever to defend yourself against the accusations, because there is more on the line than just your reputation.
If you’ve been served with papers regarding a restraining order in Atlanta, Georgia, contact the offices of Richard Grossman. Learn more about your options for defending against a restraining order during your free initial consultation.
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