FAMILY LAW ARTICLES
Domestic abuse restraining orders exist to protect victims or potential victims from harm caused by violent behavior. They’re often issued when the couple is in the process of splitting up when emotions are understandably high. Unfortunately, this can cause lapses in judgment, and those on both sides often wind up acting against their own best interests. Following are several common mistakes made by both parties after filing a restraining order and how you can avoid them.
Contacting the Other Party
One of the most common restraining order violations is contacting the other party, either by phone, email or in person. Whoever initiates the contact is sending a clear signal that they aren’t taking the order seriously, which can harm upcoming court proceedings. Exceptions may exist for protected parties who need to contact the other person about matters concerning children. Still, it’s best to get the advice of an attorney before doing so for any reason.
Allowing the Other Party to Enter the Home
A typical scenario for this situation is that the defendant arrives at the doorstep of the protected party exhibiting remorse, often after spending time indulging in adult beverages and looking scruffy and pathetic. Domestic violence victims tend to accept manipulation of this type and allow the other party to enter the home to use the bathroom or drink water. Allowing the person indoors may cause the police not to take the situation seriously if the victim reports the violation.
Not Calling the Police About Violations
Not contacting law enforcement about restraining order violations is another major mistake protected parties sometimes make. Protected parties should also let their attorneys know about any violations of these orders as soon as possible after they occur.
Not Being Transparent With Your Attorney
Whether you’re the protected party or the defendant, it’s essential to be fully transparent with your attorney to increase the chances of your case having a favorable outcome. If you’ve violated the order, your attorney won’t be able to provide you with the best possible representation if they’re blindsided by the situation when it comes up in court. Suppose you have failed to contact your local law enforcement agency as the protected party when the other person violates a restraining order. In that case, the judge may see this as just cause for terminating the restraining order.
In Ventura, our family law attorneys are here to help you through this transition and come out on the other side with a better life. Please feel free to reach out to us at your convenience by phone or through our website to schedule a free consultation with a skilled lawyer so that you can explore your options.