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Domestic violence restraining orders
A domestic violence restraining order is decided fast, on declarations, and it reshapes everything that follows: custody, the house, support, firearms, and in some cases immigration and employment. Whether you need protection or have been served with a temporary order, the hearing is not something to walk into alone.
A request can be filed and a temporary order issued the same day without notice to the other party. The declaration is the case: specific incidents, dates, and corroboration where it exists. I prepare requests that are credible to a judge who reads a dozen of them every morning, and I handle the custody and support orders that can be requested in the same proceeding.
You have the right to a hearing, usually within three weeks, and the right to respond in writing before it. A restraining order issued after hearing creates a legal presumption against you in any custody case for five years and may require you to surrender firearms immediately. Do not contact the other party, do not go to the residence even for your belongings without a civil standby, and get your written response filed before the hearing.
Most people call after something has already gone wrong. The better time is before. Tell me where things stand and I'll tell you what I would do first.
Request a consultationor call 213.477.3732