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Understanding and Overcoming a Restraining Order

On Behalf of The Foley Law Firm | March 27, 2019

While certain legal measures are in place to protect citizens, some people will use them for their own benefit. Unfortunately, restraining orders can be one of those measures.

Especially if there are claims of physical domestic disputes, a party may face such an order. In order to overcome a restraining order, there are a few important things to understand.

Restraining order definition

In short, a restraining order is an order to prevent a party from completing a certain action. Most people are familiar with the type of restraining order that prevents a party from coming within a certain distance of another party, usually after or during a domestic violence dispute or another type of assault. However, there are also orders that prevent people from accessing or selling assets during a specific period. The latter order is somewhat common during divorce proceedings, to prevent a spouse from trying to purchase or sell assets during the process. Along with the different parameters, a restraining order may stand for different periods. This is one of the main differences between a restraining order and a no-contact order, which is permanent.

Proper defense

Disproving the grounds for a restraining order can be a bit challenging. This is due to the fact that the court may grant a restraining order if the claimant can show that danger is likely. In other words, the party does not have to prove that the accused party is actually dangerous but rather that the accused could likely be dangerous or threatening. Therefore, the accused party must convince the court that he or she is not a strong threat.

Essential evidence

The best evidence that an accused party can have depends upon the situation. In some cases, it may be beneficial to have an alibi or a character witness. The way that the party presents his or herself in court during the proceedings can also play a part in determining the judge's view of him or her.

If you or a loved one are facing a restraining order, keeping these things in mind can aid you in determining the best course of action. Should you desire to fight the order, building a strong defense will be essential.

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