Use These Measures To Beat A Restraining Order Filed By Your Spouse

If you suspect that your spouse is about to file or has filed a restraining order against you, then you need to move fast to defend yourself. Apart from retaining a good lawyer, here are some of the measures to take:

Adhere to the Restrictions

Obey all the restrictions of the restraining order even if you are convinced that that the court erred in issuing it. A restraining order may start out in a civil case, but its violation will be criminal offense. It may be a misdemeanor, but the fines can go up to thousands of dollars. Depending on the circumstances of the violation, it may even land you in jail. Also, defending a violation is much harder than trying to overturn an existing order without violating it. Don't contact the holder of the order in an attempt to "talk things over" since that may also be viewed as a violation of the order.

Gather All Physical and Documentary Evidence

You need to preserve all the pieces of evidence mentioned in the petition. For example, if your partner alleged that you kicked in the door or broke the window in anger, then take and preserve pictures or videos of those parts of the house. This is especially true if your plan is to prove that the alleged incidents or events did not take place. Other pieces of evidence that may help include phone records (for example, if you are alleged to have made harassing phone calls), emails, and letters, among others. The more evidence you can gather that supports your position, the better. Also, don't try to destroy evidence that makes you look guilty; that will only make you seem guiltier.

Get Witnesses

Just like any other legal defense, having witnesses may bolster your attempt to defend against a restraining order. Did the alleged incidence happen in a public place? That raises the probability of finding witnesses. Even if it is supposed to have occurred in your home, you may still have witnesses in the form of other family members, guests or even neighbors. Get their contact information so that your lawyer can reach them easily when the time comes.

You will do yourself a big favor by consulting a family attorney as soon as possible. Court hearings on restraining orders are usually held quickly, so the preparation period is short. The earlier you seek legal help, the stronger your defense is likely to be. To find out more, speak with someone like Pagel Family Law.