Fight a Restraining Order Lawyer Fairfax VA
How to Fight a Restraining Order
May Law LLP deals with a lot of criminal charges, whether it is a misdemeanor or a felony. A criminal conviction can affect your life in lasting ways, and can even affect your family members, so we take these matters very seriously. Even after you have served time or paid your fines, a criminal conviction can result in many obstacles. It can alter your life for years to come, and in ways you may not necessarily expect. The consequences of a conviction on your record can introduce various challenges, such as with employment, housing, and your relationships with friends and co-workers.
May Law LLP has been serving clients since 1995, in Fairfax, Virginia and practice across Northern Virginia. From dealing with civil litigation, contract law, criminal law, employment law, business law, alcohol beverage control law to family law, there is a lawyer at May Law LLP that can serve as your fight a restraining order lawyer in Fairfax, VA. If you are in need of a trusted and dedicated lawyer who will be committed to giving you the best legal representation, then don’t wait any longer to contact us. Set up a consultation today to learn more about our array of services and discuss the details of your situation with us.
A restraining order is one of the most common protective orders that someone can receive. Protective orders are extremely important to ensure the safety of people who feel threatened, however, not everyone that gets a restraining order is doing so to ensure their safety, but rather to hurt another person. Sometimes a person who files a restraining order is focused on committing harm against a specific person, or for payback following an argument. If you find yourself facing an unwarranted restraining order, it is key that you fight back against it and build your defense with the personalized legal assistance provided by an experienced training order lawyer. A lawyer understands the law and court system extremely well, so they are highly familiar with the most efficient strategies that are likely to result in a beneficial outcome for you.
When a conflict between two parties escalates to the point where one person has overstepped their boundaries, a restraining order may be filed. However, there are cases where a restraining order is not a just order. And every story has two sides. When you obtain a protective order, there isn’t always a place for the accused person to tell their story too, and this can result in being treated guilty despite not having had your day in front of a jury of your peers, or a court. The accused person is entitled to their right to defend themselves, so they should have the opportunity to present their explanation of the context leading up to the incident.
That is why, if you are served a restraining order, you should take steps to protect yourself. May Law LLP realizes this, and we are here to use our experience and knowledge to help you get your side of the story heard, if you are the accused party in a restraining order. We have advocated for many clients in these difficult situations. By drawing on our experience and using our full resources, we will strive to provide you with the best legal counsel and representation.
In fact, in Virginia a restraining order is certain to restrict certain personal freedoms, and violating this order is considered a serious crime and may be punishable by up to twelve months in jail alongside a fine of $2,500, at minimum. Protective orders show up on background checks and can affect your ability to work in certain industries or jobs.
When Fighting a Restraining Order…
You need to know the types of cases restraining orders are used in–the first is when individuals use these orders to legally protect themselves from family members who are abusive, and the second is that any individual can use a restraining order to shield themselves from someone else that threatens them with bodily harm.
When fighting an order, not only do you need to know the reason that the order was issued, but you need to take into consideration whether the charges are untrue, or if the restrictions seem unfair given a living situation with the claimant, or another unfair restriction upon your life that may restrict freedoms you have. You should also ensure you are aware of your rights. By reaching out to a restraining order lawyer for guidance, you can better understand your full legal rights so that you can approach the situation with caution.
Your rights, when you receive a restraining order are: to be notified of this order, barring a few exceptions, notice of the court hearing (with no exceptions), and that you have the opportunity to be heard and defend yourself against the charges laid against you.
It should be emphasized that regardless of whether a restraining order is warranted, you must obey it no matter what. Violating a restraining order can have serious consequences. Even if you have the best intentions or simply want to contact the complaining party to learn more about their reason for requesting the order, you must keep your distance and not contact them in any way. In the meantime, you can look to a lawyer for specific steps and advice for your situation so that you can fight the restraining order. They can help develop a plan so you are able to have a proper defense.
If you discover that a restraining order has been filed against you, do not ignore it. Take decisive action immediately so that you can protect yourself. A restraining order can be challenging to fight, but with the assistance and advice of a skilled and reputable lawyer you can increase the likelihood of achieving positive case results. Do not wait any longer to take legal action if there is a restraining order put in place against you. Reach out to May Law LLP if you need an experienced lawyer to help you fight your restraining order in Fairfax, VA, this is especially true if you are aware that your rights were ignored or otherwise mistreated when you received this restraining order.
4 Types Of Evidence For Restraining Orders
An experienced Fiarfax, VA restraining order lawyer can help you with all aspects of restraining orders. In legal terms, a restraining order is a court order designed to protect individuals from harassment, stalking, abuse, or threats by prohibiting the offender from making any contact with the victim. Obtaining a restraining order is a critical step for individuals seeking protection, and presenting compelling evidence is paramount to convince the court of the necessity of such an order. There are four types of evidence that are instrumental in securing a restraining order, ensuring that victims can effectively present their case.
Getting A Restraining Order
When facing threatening or harmful situations, securing a restraining order can be a vital measure of protection. However, the success of obtaining one largely depends on the ability to provide convincing evidence to the court. Getting a restraining order granted depends on several variables, as a Fairfax restraining order lawyer can explain. Evidence must clearly demonstrate the threat or harm posed by the individual against whom the order is sought. Understanding the types of evidence that courts consider can empower victims to effectively compile and present their case.
Documentary Evidence
Any written or printed items that can support claims of abuse are classified as documentary evidence. This can encompass a wide range of documents, including text messages, emails, letters, or social media posts that contain threats, harassment, or evidence of stalking. Legal documents, such as police reports or previous restraining orders, also fall under this category. Keeping a detailed record of all communications and interactions with the offender is crucial, as these documents can serve as a timeline and pattern of behavior that the court can review.
Physical Evidence
Physical evidence refers to tangible items that can demonstrate harm or the threat of harm. This may include photographs of injuries or damage to property, medical reports detailing physical harm, or objects used by the offender as weapons or to send threatening messages. These pieces of evidence can effectively corroborate abuse claims and give the court a narrative that is easy to understand.
Witness Testimony
Witness testimony involves statements from individuals who have directly observed the abusive or threatening behavior. People like family members, friends and coworkers can speak to the nature of the incident and consequences of the behavior done against victims. Witnesses can provide oral testimony in court or written statements in support of the application for a restraining order. Their accounts can add a layer of credibility to the victim’s claims, especially when they corroborate specific incidents or patterns of behavior.
Expert Testimony
Knowledgeable experts can be asked to provide statements about the psychological impact that abuse leaves on a victim. This can include psychologists, psychiatrists, or other professionals who can speak to the psychological harm suffered by the victim or the likelihood of future harm. Expert testimony can be particularly important in cases where the abuse is more subtle, such as psychological or emotional abuse, and harder to demonstrate through other types of evidence.
Contact A Qualified Lawyer
Compiling evidence for a restraining order is a meticulous process that requires careful documentation and collection of relevant materials. Victims must present a compelling case to the court, demonstrating a clear and present need for protection. Understanding the types of evidence that can support a restraining order application—documentary evidence, physical evidence, witness testimony, and expert testimony—is crucial in this endeavor. If you want legal assistance with a restraining order, contact a trusted Fairfax restraining order like one from May Law, LLP now.