When a Court issues a Domestic Violence (DV) Restraining Order, the lawyers at Bailey & Orozco know that the Order typically imposes conditions and prohibitions that the client must comply with. The only way to alter the conditions is to convince the Court that the Order, or a certain condition of the Order, is unnecessary to protect the victim. A violation of these conditions or prohibitions can result in the Court finding the client guilty of contempt of Court, resulting in additional sanctions and criminal charges.
Restraining Order Conditions
In a TRO, based on a one-sided presentation by the victim, the Court can order:
- The victim has exclusive possession of the residence.
- The victim has temporary custody of any children.
- The victim is to be paid support; and child support.
- Rent or Mortgage be paid; and, Medical coverage provided.
- Limitations on child visitation.
- Police supervise access to premises to get personal property.
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In a FRO, after a hearing where both the client and the victim are entitled to be present, the Court can order:
- Any condition previously granted in a TRO.
- Ongoing support to the victim and child.
- Punitive damages.
Restraining Order Prohibitions
In addition to the setting of conditions, the Court can prohibit certain conduct of the client.
- Prohibit the client from returning to the scene of the DV.
- Prohibit future acts of DV.
- Prohibit the client from victim's residence, place of work.
- Prohibit any contact with, or harassment of victim.
- Prohibit stalking, following or threatening of victim.
- Prohibit the client from possessing weapons.
Defending a Client with a Temporary Restraining Order
At Bailey & Orozco, we often represent clients who have been charged with domestic violence. The benefit to our clients, is in having an experienced criminal defense lawyer protect their constitutional rights, while minimizing the potential impact a TRO/FRO can have on the life of the client. We are often able to get the Order dismissed, which can also impact all other aspects of a DV related criminal charge.