Temporary Restraining Orders

What are Temporary Restraining Orders

When a party feels threatened, they can file for a temporary restraining order and show that there will be irreparable harm without the injunction. A judge may issue this type of pre-trial injunctions immediately when convinced it is necessary to stop any immediate threat from occurring. The initial orders are only good while further hearings take place on whether or not an injunction should be granted but if so, these orders could last as long as three years with potential extensions up to five more years in some cases. 

Courts will grant a Temporary Restraining Order (TRO) if it believes that there is immediate harm. TROs limit the relief by lasting for only 10 days, until they can hear a preliminary injunction or motion which requires notice to the other side and hearing. Additionally, due to recent executive order, many courts are refusing to issue temporary restraining orders without holding hearings and giving both parties an opportunity to be heard.

temporary restraining orders

Defending Against a Restraining Order

Temporary restraining orders are a crucial step to taking control of an abusive relationship. It can prevent contact with the petitioner and child visitation, along with outlining specific behavior restrictions that should be followed until the hearing for a permanent order takes place. Obedience is vital in these circumstances, as well as obtaining legal counsel beforehand if possible so you know what your rights are during this time period.

The court system is an effective tool for preventing harm. Courts can issue restraining orders that are designed to protect a person from contact with the abuser or harassment by another individual. The majority of these cases stem from domestic violence and intimate relationships, such as physical abuse, stalking, and sexual assault."

Restraining orders in civil matters can be issued to prohibit a person from contacting an intimate partner, or going to their place of work. If you need a restraining order in Chicago or the Cook County Illinois area filed quickly, contact McNamara Legal today. We have the staff in place to file your order promptly to get you the legal protection you need.

What to Do If Someone Files for a Restraining Order Against You

If someone has filed a restraining order against you, you will want to take specific steps to deal with the issue of having a restraining order filed against you. Here are some suggestions. 

When one is served a restraining order, the most important thing to do is obey it. One should make sure they don't have any contact with the petitioner or break any of its terms as this may result in stronger charges against you and an extended sentence if convicted. After that has been upheld by law enforcement officials, one must then consult their attorney so he/she can prepare for your hearing on what will happen next--a permanent order at which point we all hope you are acquitted!

When someone receives a personal protection injunction (PPI), it's crucial not to violate these orders under pain of more severe punishment. There could be consequences like fines or jail time involved if there were violations made according to PPI laws and regulations put into place.

When a petition is filed, it's important gather any physical evidence relating to any incidents or events the petition refers to, such as clothing, photos, videos, and objects. You will also want to make a list of possible witnesses who have information about the accusations or the petitioner and be sure to get their contact information in an easy to access journal. Then assemble any supporting evidence such as emails, photos, text messages and witness summaries, to provide a case to defend against the temporary restraining orders filed against you.

Your attorney can use photos, videos, and/or witness testimony to disprove false accusations made by the petitioner. Your phone records might also show that you were not even there when an alleged incident took place. If someone claims they have received several texts from you or saw your car at their home many times a day but GPS data proves otherwise then this is important information for understanding what's really going on in court cases involving stalking allegations.

Reasons Restraining Orders are Filed

Restraining orders are used to protect against future behavior. The person can be threatened by the other party, and they must have been convicted of 3 actions from a list including: intimidation or threatening someone with physical injury; stalking another individual within 100 feet at any place that is outside their home, school property, job site or residence of an immediate family member for more than 1 hour in duration without being accompanied by an adult age 18 years old

Restraining orders are court-issued documents designed to remove power dynamics between two people who may not want contact anymore because one has committed certain acts upon the other - such as when there isn't familial relationship but threats have been made etcetera. In situations where this occurs, wherever it might've occurred.

When Hiring an Attorney for Temporary Restraining Orders

When searching for a lawyer for temporary restraining orders in Chicago, it is important to know, Ana McNamara is well versed civil law, order of protection and temporary restraining laws/ McNamara Legal brings a vast experience filing restraining orders and can help you file your restraining order quickly. McNamara is a well known civil litigation attorney providing professional legal services and represents clients with consumer protection issues throughout Cook County, Illinois and has handled various cases at the Richard J. Dailey Center.

Call our office for a free consultation to discuss filing your temporary restraining order today at 312-719-7959.

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