To
protect a victim of domestic violence against further harm, a court
may issue an order of protection such as a temporary restraining
order (TRO). Violation of such a court order can spell serious
consequences for the accused, including arrest and penalties for
contempt. Since, however, a TRO can be easily issued by the court for
certain grounds, chances are it can be misused.
Abusing
orders of protection can put the rights of a person accused of
domestic violence in jeopardy. Besides the fact that the issuance of
a TRO is ex parte, or effective without notice, it can lead to a lot
more restrictions that can be considered undeserved.
Perhaps
the most harrowing effect of a TRO on a person accused of domestic
violence is being evicted from his own home. Although this may be
temporary, it could mean that the accused may not be able to get his
personal belongings until the order is lifted. Sometimes, he would
have to wait for months to get a full court hearing where the order
can be reversed.
Fortunately,
hiring a criminal attorney gives the accused a chance at a fair
outcome in the event of a TRO. Those implicated in domestic violence
cases certainly need legal advice on the dos and don’ts right after
the issuance of a TRO, which a qualified lawyer would be in the best
position to dispense.
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