Unfortunately, there may be situations where it is necessary for a person to request a restraining order. Although it might seem like a no-brainer, it might be difficult to get a judge to approve such a request, even if the person has a legitimate cause for concern.
Getting a restraining order against another person can be challenging, and it can leave them with a permanent record that can affect many areas of their life. As a result, judges are cautious about granting these orders. If you seek a restraining order against another individual, consider these tips to improve your chances of the order being approved.
If a person wants to get past the preliminary screening and receive a hearing, they must report an incident that took place in the past 30 days for the courts to consider it a legitimate matter of concern. If there isn’t any current harassment, the judge won’t grant the person’s request. Unfortunately, courts have to be picky in their screening process because of too many people taking advantage of the court system by getting restraining orders because of personal vendettas.
A person should run a background check on the other person to prove that they are a threat. If the individual has a criminal background, the judge will accept this as sufficient proof, which can help in getting a restraining order approved.
Gathering witnesses who can vouch for the abuse that the individual has suffered at the hands of the other person can help in getting the court to approve a restraining order. First and foremost, there must be proof of a physical attack or domestic violence. However, if a witness saw the other person threaten the individual, the court will also consider their testimony. The witness can appear on the victim’s behalf or write a statement supporting their claims.
The person should also document everything that occurs as evidence to support their claims. Proof can serve as the legal burden of proof and can include text messages, emails, social media posts, and any recorded correspondence.
The best thing a person can do is to remain composed when they appear before a judge. It’s important not to get emotional to make an effective appearance, even when the perpetrator lies and denies the allegations. Just stay calm and answer any questions honestly and the truth will work in the way it should.
Attempting a restraining order request can be extremely difficult, especially if it is your first time doing so. Hiring qualified injunction legal representation who is knowledgeable on restraining orders is typically the best bet when in court when aiming to get your request approved.
For help involving your restraining order case, don’t delay speaking with our experienced and dependable attorneys at the Fighter Law Firm. We are passionate about aiding the lives of Central Florida residents and fighting for their rights and protection. If you have questions regarding the process or need clarification on specifics related to your situation, contact the Fighter Law Firm today at (407) 449-1574 for your free consultation.
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