Domestic Violence/Restraining Orders
Whether you are the Plaintiff in a Domestic Violence incident or the Defendant, effective legal representation is important.
When a Temporary Restraining Order has been issued, a hearing for a Final Restraining Order will be held usually within ten days after the incident. Final Restraining Orders (FRO) are meant to protect the victim, not to penalize the alleged perpetrator. However, the conditions of a FRO can be severe. If granted, the Defendant will be fingerprinted and his/her name will placed on a Domestic Violence Registry. The Defendant will be barred from contacting the Plaintiff in any way. The Defendant will also be prevented from coming within a certain distance of the Plaintiff. Other conditions imposed may:
Require the Defendant to attend counseling and/or drug treatment.
Require the Defendant to be evaluated for substance abuse.
Bar the Defendant from returning home.
Bar the Defendant from seeing his/her children until certain conditions are met. This is common in cases involving substance abuse and/or when a child’s safety is an issue.
Order the Defendant to pay child support.
Order the Defendant to pay spousal support.
Confiscation of the Defendant’s firearms.
Alter the custody of the children.
For the Plaintiff, a denial of a Final Restraining Order may lead to continued abuse and harassment from the Defendant.
The Final Restraining Order hearing will be a mini-trial where testimony is heard, cross-examination is conducted and evidence is introduced. The Plaintiff has the burden of proving his/her case. The Defendant is responsible for asserting his defenses. Attempting to conduct a trial as a Plaintiff or Defendant without legal representation may end with some messy results. This is especially true if the other party is represented by skilled counsel.
At Pollack & Zuckerman, we have considerable experience representing both Plaintiffs and Defendants at Final Restraining Order hearings. We will review the facts and circumstances of the case with you. We will gather any evidence necessary to develop a trial strategy designed to achieve a good result.