Accusations of domestic violence can lead not only to criminal charges, but also to separate family law proceedings for a restraining order (sometimes called a protective order). This order prevents the accused from contacting, harassing or abusing the accuser.
Protective orders extend to situations involving harassment, abuse or attempted abuse between family or household members such as:
Typically, when accusations of domestic violence surface, the court will issue a temporary, short-term order on an emergency basis. The person accused of abuse will not have the opportunity to object at this stage — and likely will not even know about it until the order gets served on him or her.
Within a few weeks, the court will hold a hearing to determine whether to extend the order. Both sides will have the opportunity to present evidence and call witnesses. Long-term orders can be in place for up to 18 months, and certain portions of these orders can be indefinite.
If you become the subject of a temporary restraining order, it is critical to consult with a lawyer. Failing to do so could result in significant consequences. You could be prevented from contacting your spouse or intimate partner for months or years. Likewise, you could be legally required to stay away from that person’s home or place of employment. Allegations of domestic violence can also impact divorce or child custody proceedings.
At the law firm of Betsy A. Fischer, LLC, we handle protective orders for those on both sides of this sensitive and emotional issue. Whether you are seeking to file a restraining order or defend against one, our lawyer can apply more than 20 years of experience to guide you through the process.
Set up a consultation with attorney Betsy Fischer by contacting our office in Metairie, Louisiana, at 504-780-8232.