Temporary Restraining Order Lawyer Philadelphia
A Temporary Restraining Order prevents you from having contact with a family member or former loved one. In Pennsylvania, these types of cases are known as “Protection From Abuse” (PFA) orders.
Oftentimes, the first time you even know you’re the subject of one of these orders is when the Sherriff comes to serve you at your home or place of work. Most people are surprised to learn that these orders can be issued without a hearing and without so much as you even being in the room to defend yourself. The good news, however, is that if you’re the subject of a temporary restraining order, you have a chance to defend yourself in court.
Why Should I Appear in Court?
Though a temporary order can be placed against you without your knowledge, the Courts have to give you an opportunity to defend yourself. This principle is called due process. and it means that you must have the ability to defend yourself in court.
When you are served with the order, you will also get served with a court date. If you do not appear in court that day, your order will become permanent. It is important to get an experienced attorney to handle this because, as detailed below, there are very real consequences to having a temporary order become final.
What Are the Consequences of Having a Temporary Restraining Order Granted?
If your temporary order is turning into a final order, you could face severe personal and maybe even employment consequences. First, you will be required to stay away from the subject of the order. This means no direct or indirect communication with the person. Once the order becomes final, even the mere allegation of contact will land you in what’s known as an “Indirect Criminal Contempt” hearing, where you can be arrested and even jailed, if a judge believes you contacted the other person.
Second, most restraining orders have provisions that prevent you from owning, carrying, or otherwise having any control over firearms. If you’re a Gun Owner, you’ll be required to turn in your guns to the police. The police will then likely destroy them.
Third, restraining orders can be searched online. If an employer does a background check on you, they will be able to find the fact you have been the subject of a final order. This could be the difference between getting a job or being rejected. It is very important you do not ignore the court order.
Philadelphia Temporary Restraining Order Lawyer
If you received a temporary restraining order, it is crucial for you to contact an attorney as soon as possible. These orders require you have a full and final hearing within 72 hours of the issuance. That means you don’t have much time to get your case ready. If you have an experienced attorney with you, you have a much better chance of getting the case dismissed, or else receiving a favorable result. Please contact us for a free consultation today.
This content was written on behalf of Greg Prosmushkin.