Domestic Violence
Assistance with Temporary Restraining Orders
Unfortunately, domestic violence or the threat of it, can become a reality for some people. Regardless of what led up to that point, it is imperative to maintain your safety as well as that of any children or other family members that may be involved in a family dispute. If you are in a situation where you think you are in immediate danger, please call 911 to request police assistance.
A temporary restaining order or, TRO, allows you to obtain court-ordered protection for a temporary period of time from a potential abuser until a more final order is put into place or if necessary, until someone is taken into custody. As long as the conditions are met, a restraining order can be granted within about 24 hrs.
Protections offered by a TRO:
A TRO is a legal order from a judge for the respondent (the person served) to stay away from the petitioner for a designated amount of time. This is usually about 2 weeks until both parties attend a 2nd hearing to determine whether the temporary order will be extended.
During that period, the respondent is prohibited from contacting - in person, by phone/text/computer, or through a 3rd person - the petitioner. There is also usually a miminum amount of distance between the two parties that must be maintained, and the respondent may not visit the petitioner at their place of business, school, or any other location.
If the respondent breaks any of these conditions, it is considered a violation of the court order and a report must be made with the police that could result in the arrest of the respondent.
How to Obtain a TRO
It is possible for a person to obtain a TRO on their own. However, it is a much more complete and efficient process when one of our attorneys does this for you. Once we have agreed to represent you, we will assist you with each step of the process until everything is complete.
Petition Process
Our attorneys will meet with you to complete a formal petition for your restraining order. We will also appear with you in the initial petition hearing to explain the situation to the Family Court Judge. Once granted, we will assist you with service of the document. Finally, we will attend your final hearing with you to obtain the best disposition possible.
Order Service
A temporary restraining order is a legal document that can be served by anyone over 18 who is not involved in the situation. Case Lombardi has process servers that can serve your restraining order for a fee, or you can have the police serve the document as well. Once delivered, the restraining order is valid and the respondent must abide by its conditions or risk being arrested for a restraining order violation.