Whenever you receive a restraining order, there are a few factors to keep in mind to make sure that your rights and freedoms are protected. One of the factors to keep an eye on is to make sure you were properly served with the order. You should be aware that a restraining order exists and received the order from a police officer. Ensure that you fully understand your rights in regard to a restraining order hearing. The date to appear in court for the hearing is usually printed on the bottom of the temporary restraining order that you are served. At the hearing is when a judge will make a decision on either to extend or terminate a restraining order against you. The affidavit from the complainant is usually read first and the judge will then question you if you are contesting the other side. This allows you to be able to give a testimony. However, if you have pending criminal charges or have an existing criminal record, it is best to have a criminal defense lawyer with you during the hearing. The criminal defense lawyer will help you be able to draft an affective testimony for the hearing. The judge will then make a ruling where the restraining order will be terminated or the time period or conditions will be changed.
Regardless of what the ruling may end up being, make sure you are careful on how you act and what you say while in court. The hearing is recorded and can be used against you in the future. And no matter what the judge makes a ruling on in regard to the restraining order, make sure you abide by that ruling. If you violate the ruling in any way, it is considered a criminal offense. If convicted of that criminal offense, you could be facing jail time, fines and your future can be altered forever. Don’t risk your life with sub par legal representation. No matter what the circumstances are in terms of the restraining order, it is in your best interest to speak with a seasoned and experienced restraining order lawyer as soon as possible.