Restraining Orders – What Are Defenses to Restraining Orders?

If you are charged with violating a restraining order in a criminal matter involving domestic abuse, there are a number of defenses that an experienced criminal defense attorney can argue on your behalf.

Lack of Intent
Since the crime requires that you intentionally violate a term of the restraining order or protective order, any evidence your attorney can present that can show that you acted without the necessary intent will help you defeat the charge. For example, a handgun could be found in your home in violation of the restraining order without you even realizing that you had it. Although you are technically in possession of the handgun, your possession was an unintentional violation.

Lack of Knowledge
A court cannot issue a permanent restraining order if you did not receive proper notice. Therefore, if your attorney can successfully argue to the court that you did not know of the restraining order because it was not properly served, the violation charge against you may be dismissed.

No Reasonable Grounds for Restraining Order
At the restraining order hearing, you can contest the validity of the restraining order and prevent it from being issued. You can support your position by presenting evidence that you did not actually abuse the petitioner or that the restraining order is an overreaction or an act of retaliation on the part of the petitioner. Evidence attacking the merits of the restraining order petition can include emails, letters, voicemails, or witnesses.

Obtaining a restraining order or defending a restraining order is a serious matter that should be undertaken with the assistance of an experienced restraining order defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in helping clients with restraining orders. Call us today at 888-749-0034. We will be there when you call.