In a divorce or family law matter, people residing together in a hostile or volatile environment increase their chances of a domestic violence claim. A person who feels an immediate and present danger of abuse may obtain a domestic violence restraining order if he or she can prove such claim of physical or certain verbal abuse, both on a temporary basis and final basis.
Some situations may not constitute domestic violence or domestic abuse. However, stalking or harassment are governed by other statutes and require proof of other types of conduct on the part of the aggressor.
If a court determines domestic violence is occurring, a protective order can be issued when a domestic violence petition is filed. This order will involve specific restraints.
These restraints are various and well-rounded. In addition to these, a defendant can be required to relinquish any and all weapons in their possession.
While a domestic violence restraining order is in effect, the defendant needs to make sure that he or she does not go to a location where the plaintiff is known or presumed to be. In the event the defendant becomes aware that the plaintiff is in the same location, and the defendant is within the prescribed distance restriction, the defendant must leave immediately, otherwise they are in violating of the order. If the defendant engages in any act which is in violation of the restraining order, they can be charged with a misdemeanor, even if the initial domestic violence restraining order is dismissed later for insufficient evidence or lack of prosecution.
It is always in your best interest to speak with an experienced Manchester family lawyers. Our team of lawyers at Sekella Law, PLLC will explain all the particulars of restraining orders, and tell you what you need to hear. With your family and future as our focus, contact us today for preliminary case review.
Call (603) 686-7229 now to get in contact with our legal team today.