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Q & A: 5 Frequent Restraining Order Questions Answered

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1. Can I fight the restraining order?

Yes, you can and many times should fight your restraining order. If you believe that the other side is lying and that they shouldn't be given a restraining order you should fight it in court. The court will hold a two party hearing and that is your opportunity to fight the order.

2. How long do restraining orders last?

Most orders are issued for one year. Some orders can be permanent if the facts of the case are severe enough. For the majority of orders that are set to expire after one year, the court will set another two party hearing to see if the restraining order needs to be extended.

3. Can I also file for a restraining order against a plaintiff that has a restraining order against me?

Yes, you can file a restraining order against the other party if you want to do that. If you have a criminal case of domestic violence pending against you, it is probably a bad idea to file for a restraining order. If you have pending criminal charges the last thing you want to do is to write a statement under oath or testify in court.

4. What about the custody of my children with the restraining order?

Custody of your children will be decided in probate or family court. The district court system does not have the authority to determine custody, child support, or visitation. If you have concerns regarding children you need to go file a petition in family court. A probate judge has the authority to modify or terminate the restraining order.

In a recent interview I talked with Divorce Attorney Hindell Grossman about restraining orders and how it affects criminal and family court cases.

5. How do I get my stuff back if I have a restraining order against me?

Many times the people in the restraining order are living together. You can get your things back if the judge allows in as part of the restraining order. The most common way is to include a police escort provision to allow you to get your things back. Items that are in dispute may need additional civil suits to figure out.

With the courts being closed, due to the COVID-19 issue, it has really affected both plaintiffs and defendants in restraining order cases.

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