What Are Temporary Restraining Orders?
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A temporary restraining order (TPO) may be filed by anyone who wishes to obtain some relief from another whom they are accusing of any form of abuse, or other type of domestic violence matter. It is meant to ensure that the offender remains a certain amount of distance away, as few as 100 yards, for example, from the other parties who made the motion.
Some examples of cases where restraining orders might be ordered include:
- Domestic or marital issues
- Assault or sexual assault
- Emotional abuse
- Physical abuse
- Verbal abuse
Civil matters can also be cases where one party may attempt to file a restraining order. For example, business owners may choose to file to keep certain parties away from the company's premises. If you were found in violation of the regulations as provided in the temporary restraining order, it is important that you know what the laws are and where your rights should be upheld.
Call The Law Offices of Howard J. Weintraub, P.C. today to learn about your rights if a temporary restraining order was filed against you!
Understanding Your TPO Case
After the case has been filed, you will have the opportunity to defend yourself during a hearing. This is your right under the 14th Amendment. The judgement will result in whether or not the evidence is substantial enough to order a permanent restraining order. When you consult with an Atlanta criminal defense attorney to prepare you for the hearing, you may be asked to provide evidence to either support your arguments or disprove the allegations made by the accuser.
Some of these elements may include:
- Physical evidence to absolve you against claims made
- Documents or records that can be used as your defense
- Witnesses who can attest on your behalf
These types of evidentiary support are critical to disproving that the claims made in the TPO petition can be refuted. For example, if a witness can truthfully attest that you were in a different location on the date and time of the alleged incident, it may prove to be highly beneficial to your defense efforts.
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It is important that you also follow all of the rules of the restraining order. Because no matter how strong you believe your case is, any missteps could weaken your chances of having a strong argument during your hearing. While restraining orders are not criminal orders, the lawyers at our firm understand how high the stakes are, especially when it comes to domestic matters.
If a temporary restraining order has been filed against you, fight it by calling our aggressive and experienced Atlanta criminal defense lawyers now!