New Hampshire Restraining Order Lawyer
Restraining orders are a useful tool that courts can use to safeguard individuals from harm. Unfortunately, sometimes orders are imposed unfairly or based on flimsy evidence. If you believe you received such an order unfairly, it may be reassuring to know there are knowledgeable domestic violence attorneys in New Hampshire who are experienced in handling these difficult issues.
Anyone dealing with an unfair restraining order should discuss their situation with a skilled New Hampshire restraining order lawyer as soon as possible to learn of their rights under the law.
Restraining Orders in Domestic Violence Cases
Many restraining orders are imposed in domestic violence cases. An individual who is charged with domestic violence may face civil proceedings to put a temporary protective order in place, preventing that person from coming into contact with the person alleging domestic violence.
In most cases, a hearing will be held within seven days, at which time the order can be extended for up to one year. If the protective order prevents someone from contact with their spouse, it can also limit their ability to see and spend time with their children.
Anything entered or decided in those proceedings will be admissible in criminal court during trials for any criminal charges a person may face, so it is often extremely important to defend against these civil proceedings.
Rationales for Restraining Orders
Sometimes these issues arise in divorce cases which allege domestic violence on the part of one or both parties. A restraining order could also be an element of a criminal case in which the defendant is facing criminal charges for alleged acts of domestic violence.
A parent may be asked to accept a consent order that, while avoiding immediate criminal charges, can lead to problems if the parent subsequently tries to seek custody or visitation rights with their children. Sometimes this could still be the best option, but consulting a New Hampshire restraining order lawyer before making these decisions could protect an individual from facing problems later.
New Hampshire Stalking Laws
Restraining orders are also imposed in stalking cases. Stalking is generally defined as a pattern of malicious behavior—such as showing up at someone’s house uninvited and saying threatening things—that causes apprehension or fear in another person.
Violation of an existing restraining order is, in and of itself, a form of stalking. A repeat offense can be prosecuted as a felony, which can lead to more than a year of imprisonment. Repeatedly showing up at a former romantic partner’s home or workplace may be seen as intimidating conduct.
Consequences of Violating Restraining Orders
If a person violates a restraining order, there are significant potential repercussions, including jail time. In some cases, people who have protective orders filed against them are not allowed to possess firearms.
Because these decisions tend to be based almost exclusively on the testimony of the parties involved, a New Hampshire restraining order attorney may work closely with a client to clarify what really happened, in order to present the best argument possible and potentially avoid the protective order.
Contacting a New Hampshire Restraining Order Attorney
A New Hampshire restraining order lawyer could take a hands-on approach to your case, providing straightforward and honest answers to all questions and concerns. Time is of the essence, so if you are dealing with domestic violence allegations, call now to set up a consultation.