A restraining order, also called a protective order, is usually granted by a judge when the person who asks for it fears the restrained party. A judge can issue a restraining order ex parte, which means it requires no hearing from you. You might also be served a summons or a Notice of Hearing along with the order. These documents inform you of whether or not a hearing has been scheduled.
If a hearing has been scheduled, you will need to prepare for it. If not, you will have to ask the court for a hearing by filing a Verified Request for a Hearing form. Until the order is overturned, do your best to avoid violating its terms, even if the order was issued unfairly.
Your best chance of removing this order is by talking to a skilled Fort Wayne criminal defense attorney. Skilled lawyers understand how the restraining order system works and how best to build a case on your behalf. Make sure you talk to an attorney who has handled similar cases in the past. When you decide on a lawyer, bring a copy of the affidavit the alleged victim filed with the court. Your attorney will need to look at this to help mount a defense on your behalf.
Talk to us about your case as soon as possible. Waiting until the last minute to deal with a restraining order is a good way to lose your case. The attorneys at Arnold Terrill, P.C. have more than 75 years of legal experience to offer your case. Let us see what we can do for you.
Contact us at (888) 912-7220 or fill out an online form to schedule a free case consultation with us today.