Fighting A Restraining Order
Breakups happen to all of us, in some particular cases however, a split may end in a nasty and volatile separation resulting in a Restraining Order. There is no question that domestic violence by an abusive partner is a severe problem, and that when situations exist immediate protection is needed. What is equally true is that in some cases domestic abuse allegations are put into place against the other party for the sole purpose of gaining leverage in a child custody dispute. Not only are these allegations not reflective of the truth, but can also make life even more difficult for the served party.
Has a restraining order been threatened or already issued against you? Let’s review the purpose of a restraining order before moving forward…
A restraining order is an often necessary legal tool used by the court to protect a person from another in a situation involving alleged violence, harassment, stalking, etc. The virtue of such an action is apparent, as it serves both the individual(s) and society at large to legally protect a potential victim from a potential assailant. A restraining order may order an individual to cease all contact with the petitioner, including forcing them from a shared domicile and preventing potential contact in society.
A restraining order (or PFA) disallows the individual from coming within a certain area of the petitioner, while imposing strict penalties if the order is violated. In theory, a restraining order is a wonderful mechanism used to protect those in need. However, it is susceptible to abuse. It is not uncommon for a relative or current or former partner to use the system as a means of aggression or retaliation.
In Pennsylvania, restraining orders of this type are called protection from abuse (PFA) orders. A petitioner receives a temporary protection from abuse order from a judge by going to the judge alone and telling their story. In the initial hearing where a petitioner receives a temporary PFA, there is no opportunity for you to fight the restraining order – the court goes on the word of the person seeking protection. It is only after a final PFA hearing is scheduled that you have the opportunity to fight the order. Often, this results in an unfair process where you are forced to fight an exaggerated or unfair allegation while under a temporary order. If you believe this is the case, then you are at risk of becoming the victim in this situation. Do not hesitate in seeking criminal defense attorneys to protect you immediately.
Consequences of a PFA Restraining Order
The consequences of a false or exaggerated claims made to receive protection via restraining order can be devastating! You can be evicted from your home, forced to surrender any weapons you own, and even lose your job. This is the terrible reality of the system when it is abused. The court is not meant to be wielded as a weapon by a bitter family member or a scorned lover. You should not be subjected to such attacks, especially via the court, which is intended to ensure equity, safety, and justice. If these tenets are under attack via an unjust restraining order, you should contact The Law Offices of Greg Prosmushkin, P.C. today to speak with one of our attorneys. Act without delay, as the effects of a restraining order are immediate and extreme.
This content was written on behalf of Greg Prosmushkin.