Never in a million years did you imagine thinking that you may need a restraining order. Yet here you are, faced with a legal issue that may require one. You’d love to demand one be put in place, but you’re unsure if your legal team will agree it’s necessary.
Our attorneys at Christman | Daniell are well-versed in the need for restraining orders in all types of family law cases and various other disputes. Many times, we see them as a temporary or permanent solution before the client recognizes the need. Other times, the client is worried about how different scenarios could play out and requests that one be put in place.
The bottom line is that restraining orders are common, and there are many reasons why they might make sense for your situation.
First Things First — What Is a Restraining Order?
People often need clarification on protective orders and restraining orders. While protective orders deal with domestic violence cases, restraining orders prohibit one or several parties from taking action against another person. For instance, perhaps you are embroiled in a nasty divorce and wish to restrict your spouse from contacting you (in person or otherwise) during the proceedings. Maybe it’s not that at all, though you do want to keep that person from selling the family business until the case is resolved.
If you and your attorney feel a restraining order is necessary, you must provide the judge with enough evidence to prove why it should be ordered. If approved, the judge determines how long a restraining order lasts. This could range from a few days to several years, and if the other person violates that restraining order, the legal consequences could include stiff fines and potential jail time.
A few common reasons for a temporary or permanent restraining order include but aren’t limited to the following:
- Limiting contact between parties during a case
- Threats of harm
- Stalking and harassment
- Property protection or damage
- Financial abuse
- Disturbing the peace of the protected people
- Restricting someone’s actions (transporting a child out of state, selling property, taking out loans, etc.)
How Do I Prove That a Restraining Order is Necessary?
While many legal disputes can be handled with patience, de-escalation, and diplomatic solutions, others are, for lack of a better term, past the point of no return or present a clear and present danger to one party. As such, a Court may require aggressive advocacy, sometimes through a well-timed and necessary restraining order. As for providing proof, it is best to lean on your attorney in these situations. Once they fully understand your situation and request, there are various ways to validate the need for a restraining order.
These can include gathering concrete evidence such as police reports, photos, video, audio recordings, emails and text exchanges, and other records. Witness testimony may also be utilized in extreme cases.
Where you fall in that conversation may only be clearly defined once we can sit down, dive into your unique situation, and determine the best course of action for everyone involved.
Please Call Christman | Daniell for Your Legal Needs Today!
Looking for family law services in Collin County, Texas? Christman | Daniell is your premier choice. We have years of experience and a deep understanding of the legal landscape. Our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your own personal circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
