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. However, because a TRO can be easily issued by the court for certain grounds, chances are it can be misused.

abuse-of-orders

In her article for Huffington Post, contributor Liz Mandarano discusses how orders of protection can be abused, thereby putting 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. Mandarano explains orders of protection as follows:

Orders of protection can be “stay away” or “refrain from” in topic. “Refrain from” orders direct a person to behave in a certain way. For example, a refrain from order may direct a person not to threaten another person.

“Stay away” orders are weightier. They force the accused to leave the marital residence and stay away from his partner, home, workplace, and family lest they face prosecution. Notably, stay away orders can remove a person from his home even if his name is on the lease or deed.

Perhaps the most harrowing effect of a TRO on a person accused of domestic violence is being evicted from his own home in case he shares it with the plaintiff. 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 seasoned Fort Lauderdale 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.

 

Besides helping prevent possible violations of a TRO, a skilled Fort Lauderdale criminal defense attorney such as Richard Della Fera will create a strategy that can prove the client’s innocence or at least mitigate the consequences. Such a lawyer can also provide sound instructions that lead to a successful case, from choosing one’s companions in the courtroom to the statements one makes.

 

(Source: The Worst Thing A Woman Can Do In Divorce Proceedings – The Abuse Of Orders of Protection, HuffingtonPost.com)