Protecting Your Rights With A Restraining Order

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 abuse, on an expedited, temporary or long-term basis.

Some situations may not constitute domestic violence or domestic abuse. Whether you are identified as the perpetrator or you filed or need to file for a restraining order as the victim, you need to understand what is required for a restraining order. Stalking or harassment are governed by other statutes and require proof of other types of conduct on the part of the aggressor or perpetrator. With over 35 years' combined experience, the dedicated divorce and family law attorneys at SekellaLaw, PLLC, in New Hampshire can help you protect your rights whether it be for your own safety with a restraining order or to argue against one if you believe you have been unfairly made the subject of one.

Issuance Of A Protective Order

If a court determines domestic violence is occurring or has occurred, a protective order can be issued when a domestic violence petition is filed. This order will involve specific restraints. Common restraints in a protective order include:

  • Entering the plaintiff's home
  • Entering the plaintiff's place of employment
  • Awarding temporary custody of children to the plaintiff
  • No contact with the plaintiff by the defendant
  • Surrender of firearms
  • Converting, taking or damaging plaintiff's property

These restraints are various, well-rounded and can be modified based on your specific situation. In addition to these, a defendant can be required to relinquish any and all weapons in their possession.

Violation Of A Restraining Order

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, the defendant must leave immediately, otherwise they may be in violation of the order. If the defendant engages in any act that is in violation of the restraining order, they can be charged with a misdemeanor, even if the initial domestic violence restraining order is later dismissed.

It is always in your best interest to speak with an experienced Manchester family law lawyer. Our legal team at SekellaLaw, PLLC, will explain all the particulars of restraining orders and tell you what you need to know. Contact us online or call 603-505-4062 today.