■  Restraining Order Violation Attorney

Restraining Order Violation Attorney

What is Restraining Order? Restraining order also known as “Protection order” is a form of legal injunction in which can help a victim from further harm.  It can keep the abuser from the scene of the violence, which may include home, place of work, or apartment. A restraining order is a court order that instructs a person to cease and avoid certain behavior. Though restraining orders are sometimes granted for business or financial purposes, they are best known for their use in domestic abuse situations.

Protective orders are always issued in criminal cases and must be requested by a prosecutor or judge. Generally, a protective order forbids you from having contact with someone or visiting the place where that person lives or works. Protective orders can last up to five years, but may be revoked sooner at the victim's request or if the judge feels that the need for the protective order no longer exists.

Restraining orders are issued civilly and can be requested by people who believe they are victims of crime, violence or harassment including telephone harassment. The alleged victim, usually through a lawyer, must first file for and receive a temporary restraining order. The judge will then schedule a hearing to determine if there is sufficient evidence to grant a permanent restraining order.

What are the kinds of restraining order?

• Emergency Protective Order.If an arrest is made, or if further abuse is possible, the police will ask the Magistrate for an “Emergency Protective Order” on behalf of the victim.  Even if the police officer does not ask a Magistrate for an Emergency Protective Order, the victim may ask the Magistrate for an Emergency Protective Order.  The order can be issued to protect the victim and other family or household members.  An Emergency Protective Order is available to any victim at no cost. 
• Temporary Restraining Order (TRO). A temporaryrestraining order (TRO) is an order issued by a judge in an attempt to keep one person from harassing another person or group of people. Unlike the term restrainingorder, which implies a much longer time period in which a person so ordered to keep away from someone else, the word temporarysays it all. The TRO is only effective for a short period of time, usually lasting no more than a month at most.
• Permanent Restraining Order.A permanent restraining order typically not meant to last a lifetime. In many cases, a permanent restraining order is granted with a specified time limit. For example, a victim of domestic violence may be able to obtain a restrainingorderfor a two-year period. The time period for a permanent restraining order can be extended upon the application of the victim and at a judge's discretion.

Are you accused of violating a restraining order? Violation of a restraining order, whether a temporary order or a restraining order after hearing, is contempt of a court order. The restrained person found in violation of a valid restraining order may be immediately taken into custody and taken to jail. In this case, you should not lose hope. If you are accused in the state of Nevada, worry free because Attorney William A. Kennedy can help you. Call our law office for free consultations regarding your case.