When Domestic Violence occurs, the victim can request a civil restraining order (RO) which will be initially issued as a Temporary Restraining Order (TRO). The victim and the client will both be required to appear before a Judge, who will decide whether the RO should be continued as a Final Restraining Order (FRO. The lawyers at Bailey & Orozco know that the best chance a client has to either defeat the entry of a Final Restraining Order, or to minimize the conditions and prohibitions imposed by an FRO, is at the hearing before the Judge.
Temporary Restraining Orders
A 'Temporary Restraining Order' or TRO restricts the client from contacting the victim. A TRO imposes conditions on the client, and can prohibit the client from certain types of actions or conduct. Violations of these conditions and prohibitions can result in the Court imposing sanctions on the client. A TRO can temporarily order the client to leave the house, even if the house is in the name of the client; and, to pay household bills that are due. A TRO can temporarily prohibit the client from returning to the house; and, from locations where the victim works.
E-mail us or call us at 866-919-6193 today for a Free Consultation
Final Restraining Orders
Once a TRO has been issued, it is critical for the client to abide by the conditions and prohibitions imposed by the Court. Only the Court can lift the TRO, or amend the conditions or prohibitions during the hearing on whether the restraining order should continue as an FRO. A client must be very careful to avoid a situation where during the hearing; the victim can claim that you violated the conditions imposed by the Court's order. Obviously, anything that the client says during the hearing could later be used against the client if criminal charges are also filed.
Defending a Client Charged with Domestic Violence
At Bailey & Orozco, we frequently represent clients who have been charged with domestic violence during the civil restraining order hearing. This hearing is a critical proceeding, as there are opportunities to get the application dismissed; or, to minimize the conditions and prohibitions imposed on the client by the FRO. Our clients benefit in having an experienced criminal defense lawyer protect their constitutional rights in regards to any criminal charge, while minimizing the potential impact a TRO/FRO can have on their life. We frequently are able to get the TRO dismissed, or minimize the conditions imposed on the client, which can also impact the strength of the States criminal case against the client.