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Criminal Defense

Restraining Order Defense

Being served with a temporary order can mean leaving home that night, losing time with your children, or surrendering firearms, all before you have told your side. The court date on the papers is where that side gets heard.

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01 GUIDE

Restraining Order Defense: what usually happens

Understanding the order you received

In New York, these orders are called orders of protection, and they can come from Family Court, a criminal court, or the Supreme Court in a divorce. A temporary order can be issued based on one side's account, and the respondent then gets a chance to be heard at a later appearance. The terms can range from refraining from harassment to staying away completely, and the specific wording controls what you may do. A temporary order can also include firearm surrender and limits on contact with children, which may affect custody arrangements.

What to avoid, and what to bring

Do not contact the petitioner, even to apologize or to work things out, and do not ask friends or relatives to pass along messages. A violation can lead to arrest and a separate criminal contempt charge. Gather texts, emails, call logs, and social media messages that show the history between you, and identify witnesses who saw relevant events. Keep a copy of the order with you, and if you need belongings from a shared home, ask counsel or the police to arrange it.

Preparing for the hearing

Family Court cases may involve a fact-finding hearing where both sides present evidence, and some resolve by consent without findings against the respondent. If there is a parallel criminal case, what you say in Family Court can be used there, so any testimony has to be planned with both cases in mind. Missing the court date can lead to an order being entered without your side being heard. In a first meeting we review the petition, the terms of the temporary order, the next appearance, and whether a criminal case or custody matter is running alongside.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about restraining order defense and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.