Restraining and Protective Orders

If you have been served with a Restraining Order by someone or if you need to file a restraining order against someone who is harassing you or stalking you please contact The Tiemann Law Firm. We take an aggressive approach to filing and fighting a  restraining order.

A restraining order is a court order that is filed by a person seeking protection (plaintiff) against another person (respondent). The parties involved could be disgruntled neighbors, ex-spouses, ex-boyfriend or ex-girlfriend, or anyone else who feels harassed by unwanted contact.
      
             Restraining orders are issued to prevent the restrained person from:
            
           1. Annoying, harassing, striking, following, or disturbing the peace of the protected person
           2. Having direct or indirect, personal, telephonic, electronic, or written contact with the protected person(s).
            3.Coming within 100 feet of the protected person(s) - place of work, residence, vehicle

Once the plaintiff (person seeking  a restraining order) files a restraining order and it is issued and properly served on the respondent (alleged abuser), the contact or harassment should stop because any violation of the restraining order is a criminal violation subjecting the abuser to arrest and possible jail time.

A restraining order gives the protected party (plaintiff) huge power over the person being restrained (respondent). One phone call to the police made by the protected party (plaintiff) after the restraining order has been issued would result in the arrest of the restrained party (respondent).  

Consequences of having a restraining order filed against you are significant. While a restraining order is a civil order, it will appear in your criminal history. This means that anytime you get stopped for a traffic ticket, the officer will know that someone has filed a restraining order against you. It will also affect your Second Amendment Right to Bear Arms. If you have a restraining order filed against you, you are ordered by the court to give up your guns and you will not be able to possess or have access to any guns.  If a restraining order is issued against you, it can last up to three years.  

Although you do not need an attorney to file a restraining order or fight against a restraining order that has been filed against you, representing yourself puts you at a huge disadvantage. All contested restraining orders require a hearing, at which both parties will be heard. Witnesses may be called to testify on behalf of both parties, and the hearing can last anywhere from couple of hours to couple of days. Essentially, it is a trial without a jury.  An experienced and aggressive attorney will know what evidence to present to the judge in order to obtain a restraining order on your behalf or which evidence to present in order to fight against a restraining order being placed against you. Regardless of your position, the consequences for either side are too serious to fight it on your own.

At The Tiemann Law Firm, we have successfully filed and defended numerous restraining orders successfully. Our 20 year trial experience puts us at a huge advantage in hearings against people with no such experience. We are aggressive and willing to fight to protect you and your rights. We will make sure that all proper documents are filed, we know how to handle judge’s questions and will aggressively cross-examine witnesses against you.  Call The  Tiemann Law Group for a free consultation.
 

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