A restraining order is entered by the court to keep you physically away (and perhaps out of contact) from the person who has sought the order. Someone believes that you pose a potential danger to them, and they are seeking the help of a court to enter and enforce an order that will keep you a certain distance from them and control how and when you can be in contact with them. A restraining order is exactly that - it is a binding legal directive from the court that you must follow. If you do not heed the terms of the restraining order, you can face criminal consequences.
Even without being prosecuted, a restraining order will have a drastic impact on your life in many ways. You should get help from a criminal defense lawyer before a court enters a restraining order because you have the right to due process and to be heard in court.
The Impacts that a Restraining Order Will Have On Your Life
Restrictions on Your Personal Freedom
A restraining order means you cannot go to certain places and do certain things. It can be a debilitating feeling to know that there are restrictions on your ability to do what you want and when you want. Since there may be significant consequences for violating a restraining order, you must always be conscious of what you are doing at all times. You may be unable to interact with other people if there is even a chance that the subject of the restraining order will be in the vicinity. Thus, you may find yourself under a certain amount of stress at all times.
Impact on Your Employment
A restraining order may impose geographic restrictions on your ability to access certain places. You may encounter difficulties accessing your workplace or locations that you will need to visit for your job, thereby restricting your ability to earn a living. If you need to have communication with the person who sought the restraining order as part of your job, you can have particular difficulties.
Further, the fact that there is a restraining order against you may show up on a background check that a prospective employer will conduct. The employer may determine that you present too much of a risk, and they may rescind any job offer they have made. Depending on what you do at your job, a restraining order can even lead to termination.
Social Stigma
Restraining orders are publicly available documents that can show up in a records search. You will not be able to keep the fact that a restraining order exists as a confidential fact. There is a social stigma that comes with being the subject of a restraining order. People may draw certain assumptions about your character and nature without even hearing your side of the story. You can find yourself socially isolated and on the wrong end of public perceptions of you. A restraining order can pose significant harm to your reputation, especially when it is the result of domestic violence allegations.
Loss of Your Right to Own Firearms
If you are subject to a restraining order for a case involving domestic violence allegations, chances are that you will lose your right to own a firearm. Some states have laws that restrict people’s ability to own a gun when there is an outstanding restraining order. In some cases, the loss of your right to own a firearm may be temporary, while it may last even longer.
Difficulty Finding Housing
Landlords may conduct background checks on you when you apply for housing. If they see a restraining order against you, they may view you as a risk and deny your application. A landlord has every right to refuse to rent to someone subject to a restraining order, and it will not be considered discrimination.
Impacts on Your Custody Arrangements
Ordinarily, you may be in physical proximity to the other parent when it is time to pick up or drop off a child. These arrangements can become complicated when you are not allowed to be in the vicinity of the other parent because of a restraining order. Then, you may have to alter arrangements for transporting the children. Depending on the nature of the restraining order, you may be unable to see your children at all. A judge may certainly consider the existence of a restraining order in making custody determinations, especially when it serves as evidence that the parents cannot work together.
The Potential for Criminal Charges
Conduct that may ordinarily not be considered criminal can subject you to serious penalties when you violate a restraining order. Just being in someone’s presence can be considered illegal and contempt of court. Then, you may be subject to penalties that can include possible jail time. You could also end up with a criminal record that can follow you for the rest of your life. This is only one reason for hiring a criminal defense attorney to protect your rights.
If someone else is seeking a restraining order against you, it is vital that you understand the situation. You are entitled to due process and the right to be heard before a judge who will grant the restraining order. Just because someone is seeking a restraining order does not mean the facts will justify it. A judge may also consider the potential impacts on you, although they will largely be focused on the safety of the person who is seeking the order.
A Skilled Criminal Defense Attorney is Standing By
If you have been notified that someone is seeking a restraining order against you, it is essential to learn your legal rights. The Law Offices of Evan E. Zelig, P.C. can help you challenge the restraining order altogether or argue for a more limited scope. Once a restraining order has been entered, it can be difficult to have it removed or amended. A criminal defense lawyer can review your legal options and help you avail yourself of your right to due process before a court makes any decisions that can greatly affect your life.