Have you been assigned a restraining order that you feel is unfair or unjust? The appeals process for restraining orders or non-molestation orders are much the same as any other conviction. Richard Wood of Criminal Matters outlines what you need to do to appeal your restraining order.
The aim of a restraining order is to protect and individuals from actions that would amount to harassment or fear/exposure to violence. These can be applies in a variety of cases, from ex-partners, to estranged family members and complete strangers. As with any conviction, the prosecuted individual may feel that the passed judgement was unfair or based upon untrue information. A restraining order may also affect their livelihood by inhibiting their ability to work or live without serious impairment.
So how do you appeal a restraining order?
First of all, speak with your lawyer and discuss your case. Let them know that you want to appeal or modify the restraining order, and listen to their professional advice. Beyond the initial few stages, they may be able to give you vital information that could help you in the long run.
File an appeal
Once the restraining order has been issued, you should have been alerted as to how to file an appeal. Try and do this as soon as possible, as the process to securing a court hearing might be length. Again, your lawyer will be able to properly advise on the administration side of things.
In the meantime, make sure you’re gathering as much evidence as possible. Keep track of how the restraining order is affecting your life – has it stopped your working in some cases? Are you forced to take extreme travel detours which are affecting your wellbeing? Has the protected individual put you in potentially illegal situations by inviting into their home or company? All pieces of evidence may work in your favour should you be granted a court hearing.
Avoid breach of orders
Restraining orders are filed and controlled by the court, and not an individual. This means that if your ex-partner has applied for a restraining order against you and it has been granted, it is not within their immediate power to dictate whether it is in effect or not. If they then invited you into their home, you would still be breaking the law. A breach of orders charge is a criminal conviction, and comes with hefty penalties. Avoid all breaches of orders until the restraining order has been modified or dissolved accordingly.
Do you need help appealing a restraining order? Richard Wood of Criminal Matters is experienced in both acquiring restraining orders and fighting breaches of orders, as well as defending those on the other side. For free initial advice and a friendly, informal chat, feel free to get in touch today and discuss your case.