What Are Your Rights If There Is A Restraining Order Against You

If someone has taken the drastic step of filing a restraining order against you, it’s important to know what your rights are. This article will outline the different types of restraining orders, what happens if you violate one, and how to protect yourself from being targeted by one in the future. It will also explain the consequences of restraining orders against you and what you can do if you feel you’re being unfairly targeted. If you have any questions about your rights or how to protect yourself, be sure to speak with an experienced criminal defense attorney. You can always find a lawyer in Hernando County if this situation has happened in that area.

What Is A Restraining Order

A restraining order is a court order that prohibits an individual from having any contact with another person. They are typically issued in cases of domestic violence but can also be issued in stalking, harassment, and sexual assault cases.

  • Domestic violence restraining orders: these are issued when there is a history or threat of violence between intimate partners, family members, or roommates. 
  • Civil harassment restraining orders: these are issued when someone is being harassed, stalked, sexually assaulted, or threatened by someone else. 
  • Elder or dependent adult abuse restraining orders: these are issued to protect elders and dependent adults from physical, emotional, or financial abuse. 

If you violate any type of restraining order, you will be subject to arrest and possible jail time. In addition, if the victim chooses to press charges, you may also be required to pay a fine. 

How to Protect Yourself from a Restraining Order If Someone Has Already Filed One Against You

If someone has already filed a restraining order against you, you must take it seriously. You should first consult with an experienced criminal defense attorney who can help you understand the situation and determine your best course of action. 

It is also important that you avoid any contact with the person who has filed the restraining order against you. This includes and phone calls, text messages, emails, social media messages, letters, or any attempts to contact them in person. If you have to contact the person for any reason (for example, if you share custody of a child), make sure to do so through your attorney or a third party. 

The Consequences of Having a Restraining Order Against You

If a restraining order is issued against you, it will go on your permanent record. This means it can appear on background checks for employment or housing. In addition, if you try to purchase a gun while there is a restraining order against you, you will not be able to do so. 

What Are Your Rights? 

Despite what many people think – receiving a restraining order does NOT mean that you have automatically committed a crime or that you are automatically guilty of anything. In addition – being served with a restraining order does NOT necessarily mean that the court will find in favor of the person who filed it against you. You still have constitutional rights and protections – which is why it’s always best to consult with an experienced criminal defense attorney before making any decisions about how to proceed.

Some of the rights that someone with a restraining order still has include the right to due process, the right to legal counsel, and the right to be presumed innocent until proven guilty. The person who has the restraining order against you is also entitled to protection from violence, stalking, and harassment.

Final Thoughts

If you have been served with a restraining order, it is important to understand your rights and obligations. Violating a restraining order is a serious offense that can result in criminal penalties. If you have been accused of violating a restraining order, you should contact an experienced attorney who can help you navigate this complex legal process.