Hey guys, david pisarra here for mensfamilylaw . i want to talk to you today about the domestic violence restraining order and how important it is for you to really pay attention to it and abide by it if you’ve been hit with one. So first up, how do they get issued, well, somebody who feels threatened, files out a declaration which is basically a statement under penalty of perjury that they are telling the truth, they submit that to a judge and the judge looks at it and says okay, we’re going to have a cooling off period of three.
Weeks, we’re going to keep the other party away from you because you’re telling me the truth that you’re really scared of this person and that there may be violence or they’re threatening you or harassing you so we’re going to set up a cooling off period of 3 weeks. Now it’s a hard 3 weeks for you frankly if you’ve been hit with a restraining order because oftentimes you’ve been kicked out of your house, you’re being denied access to your.
Children, you’re not getting to your computer, you’re personal belongings and you’re kinda left in the dark as to what’s going on. the next thing that’s going to happen, is after 3 weeks there’s going to be a hearing, at the hearing the judge is going to hear your side of the story and their side of the story and make a determination as to who’s really telling the truth and whether or not you guys need to be kept apart and if you do need to be kept apart on what terms you’re going to be able to see your children if those.
Are involved. the domestic violence restraining order statute is based on a level of proof of Preponderance of the Evidence, and what that means is that it is more likely than not that one party is telling the truth. So it’s really a very very slight difference between your side of the story and their side of the story and that’s all it takes for a judge to say Okay we’re gonna keep you guys apart for anywhere from six months to five years, that’s how long a restraining order can run. A permanent.
Restraining order is six months to five years. at the end of five years or the end of whatever period that restraining order runs the protected party can come into court and ask for an extension and they don’t have to prove anything other than they want it extended. So you have to be aware that with a restraining order ti can effect your job, it can effect your future ability to get a job, it can effect your ability to own a firearm, because that’s automatically suspended once a restraining order has been issued.
I want to leave you with this one last final thing, if you’ve been served with a restraining order, pay real close attention to what it says because if it says you can’t communicate at all with the other party and you do communicate, you could be in violation of a court order and that can effect you greatly going forward. Be really careful even if the other party is calling you texting you or emailing you. if there’s a no contact order, you need to be really careful and pay attention to what that says. So follow the court order always.