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A restraining order is an order that requires a party in a civil lawsuit to take a specified action to refrain from an individual. It is not the same as a domestic violence restraining order, which is a protective order. It is a matter of criminal versus civil cases. To learn more about the difference between the two and to seek quality legal representation, contact an experienced attorney today. A Lubbock restraining order lawyer can help a person understand what a restraining order entails and how it can impact their case.
Difference Between Restraining Orders and Other Orders
A protective order can be used during a criminal case while a restraining order is used in a civil case. More rights can be taken away from a person with a criminal restraining order. The biggest issue in restraining orders is property and children. A person can be ordered to leave their home. A person can have children taken away from them. That is a much bigger deal than a typical restraining order during a civil lawsuit. It is also important to note that anybody can file a restraining order. The court must first grant one and the police must enforce it.
Requirements of Restraining Orders
A restraining order would require a person to refrain from harming or threatening to harm the person that issued it or threatening other family members. They must refrain from showing up at their house, refrain from showing up at their place of business, refrain from harming pets, refrain from removing property or kids, et cetera. A Lubbock restraining order lawyer can provide more information on the requirements.
What is Ex Parte?
“Ex parte” means that one party is asking the Court to do something without telling the other party. An example would be enacting a temporary protective order, which is an order issued in an emergency situation prior to any hearing on the merits. That is why the length of time of a protective order is so limited. The other party did not have a chance to respond.
In the interest of justice and in the interest of safety, courts will allow ex parte orders, but only for a limited amount of time and only a limited scope of what can be protected against. To learn what situations an ex parte order qualifies for, contact a Lubbock restraining order lawyer today.
Granting Ex Parte Restraining Order
A person has to show the judge that there is good cause to grant it. Evidence, usually in the form of the other party’s testimony, that shows there is a reason for the judge to take away someone else’s rights is needed. An ex parte restraining order can be from one to 40 days, but in most cases around that 20-day mark. The sooner the accused person has a hearing, the shorter the order will be.
Modifying an Order
Modifying a restraining order depends on which person is asking it. Either party can ask the Court to modify the order. This can be done at any time by the accuser, but the accused person has to wait for a year before filing a motion to modify the order.
If the accused files a motion and it is denied, they have to wait another year. The accused can ask the court to end the order by going before the judge and proving there is no need for continuing the protection. The accused would have to show some evidence of that, more than verbal testimony, to provide some evidence beyond complying with the order. The judge has full discretion to add or delete from the original order or dismiss it all together based on the evidence presented by both sides. A Lubbock restraining order lawyer can provide more insight into changing orders.
How a Restraining Order Impacts a Case
A restraining order impacts a criminal case in an obscure way. When the accused person defends themselves at the hearing stage for the order, that testimony could seal their fate in a criminal case.
When an accused person chooses to defend themselves, they are risking a poor choice of words or too many words, which could infuriate a jury member in a criminal case. The strategy and tactics of a professional Lubbock restraining order attorney can ensure that a person is represented correctly.