In situations of domestic violence, restraining orders are issued by the court for a victim’s protection. A restraining order prohibits a person from communicating or coming into any kind of physical contact with them. This for can help ensure the safety of the victim as it spells out serious consequences should the other person violate the order. There are two kinds of restraining orders that can be filed – temporary and permanent.
Temporary Restraining Order
A temporary restraining order can be filed regardless of the reason, so long as it is filed in response to the following actions of the abuser:
If the temporary restraining order is granted, a hearing is scheduled to occur within 10 days to determine whether or not the temporary restraining order should be permanent, in which case the temporary restraining order goes on to become a final restraining order.
Permanent / Final Restraining Order
The hearing following up the temporary restraining order is conducted by a Superior Court Judge to determine whether or not the temporary restraining order should become final. At the hearing, both parties may be represented. The victim will have to testify and elaborate on the domestic violence they endured that led them to file the temporary restraining order. The victim may present evidence such as medical records, text messages, call logs, and may even bring a witness. The assailant on the other hand will also be able to argue their side of the story, but their presence is not necessary in deciding whether or not the temporary restraining order becomes final.
The judge takes into consideration the presented arguments and will take into account various factors before making their decision. This includes whether or not the violence occurred, whether or not a restraining order is necessary considering the circumstances, a history of violence and more. If the judge determines that a restraining order is necessary, a copy is issued to both the victim and assailant, as well as their local police department. Once in place, a final restraining order is permanent and can only be removed by the victim.
If you or a loved one is currently seeking a restraining order against an abusive person, you need a lawyer by your side. Contact the law office of Lombardi and Lombardi, P.A. to schedule your initial case consultation today.