If an individual claims that he or she is the victim of domestic violence, that person may be granted a temporary order of protection. The order generally prohibits the alleged abuser from contacting the victim in any manner. In most cases, only the judge who issues the decree is allowed to rescind it even if the victim asks that it be dismissed. Those who are subject to a restraining order must abide by its terms from the moment that they are informed of the judge’s ruling.
Individuals are expected to comply with the order even if they plan on disputing it. Typically, a judge will first grant a temporary protection order and set a hearing date to determine if it should be extended permanently. The hearing will typically take place one to four weeks after the initial request for protection is made. At the hearing, an individual is allowed to provide evidence refuting the idea that he or she poses a significant danger to the plaintiff.
Evidence may include witness testimony, medical records or any other relevant information that may support the notion that a protective order isn’t necessary. If a permanent order is granted, the person subject to its terms may appeal the judge’s decision. If a motion to dismiss the decision is filed, a second court date will be scheduled to further review the matter.
Generally speaking, domestic assault is considered to be a serious offense, and a person could experience a variety of negative consequences such as jail time or probation if convicted. Other consequences may include a temporary loss of parental rights or a diminished reputation within the community. Those who are charged with a crime may want to hire an attorney to help get a case dismissed or a charge reduced.
