Restraining Orders
A Restraining Order (or Injunction for Protection Against Domestic Violence, as it is formally known) is sometimes necessary in the context of a divorce proceeding. These injunctions are covered by a separate statute, Chapter 741. If you have been the victim of domestic violence, it is essential that you disclose this at our first meeting. No one deserves to be the victim of domestic violence. If you believe you are in need of such a restraining order, advise the office immediately after you’ve contacted the police or gone to the Emergency Room, if applicable. It is not necessary for you to have an attorney to go with you to obtain the temporary injunction (which expires within 15 days), as there will be no hearing. The Judge will decide whether you’ve met the requirements from the Petition for Injunction that you will fill out at the Courthouse. However, you may want representation when you appear at the hearing that the court will schedule to determine whether the temporary injunction should be made permanent. If your spouse has filed for a restraining order against you, it is essential that you have representation at the hearing. However, this office does not represent defendants in criminal domestic violence cases (if you were arrested for domestic violence), but does represent defendants in civil domestic violence cases (where you weren’t arrested, but were merely served with a temporary injunction for protection against domestic violence).