What To Expect When Fighting A Restraining Order: Being Served
When a restraining order is served against you, it's usually an upsetting and shocking event. Many people don't know what will happen during the order being served, never mind how to go about effectively fight it. This article is meant to explain some of those things, and give you ideas about further sources of help.
Firstly, when an order is served in the USA, it can vary as to who appears at your door. Typically, uniformed police officers from a local station will appear, but it may also be county sheriffs. The serving is always done in person.
They do not take into account what or who might overhear the discussion, for example, if you have guests for dinner or room-mates with you. It's usually a pretty humiliating experience, but just remember that anger to fuel yourself when you're fighting the restraining order later down the line.
During the serving, the enforcers will explain the terms of the restraining order to you, and provide documentation as to its effect (make sure you read all of this, the primary reason people fail when fighting a restraining order is that they don't understand the details of it!). You can ask questions of them if you don't understand the paperwork.
The enforcers will also search your place of residence for any firearms or firearm registration licenses, and confiscate these from you.
If you have a question that the enforcers can't answer, or you forget to ask them something before they leave, you should call the family court in your locale for advice. The clerks of court are usually very helpful, and they will have heard all your questions before. As in all things, information is power when it comes to fighting a restraining order.
In all states, you are entitled to attend a hearing where the judge formally considers the merit of the accusations against you. Unfortunately, it's usually your word against your ex's - and in most cases, judges uses his sense of caution to justify approving the order. It's quite difficult to convince the judge at this stage that any allegations of abuse or violence are completely phony. But it's not impossible.
Firstly, when an order is served in the USA, it can vary as to who appears at your door. Typically, uniformed police officers from a local station will appear, but it may also be county sheriffs. The serving is always done in person.
They do not take into account what or who might overhear the discussion, for example, if you have guests for dinner or room-mates with you. It's usually a pretty humiliating experience, but just remember that anger to fuel yourself when you're fighting the restraining order later down the line.
During the serving, the enforcers will explain the terms of the restraining order to you, and provide documentation as to its effect (make sure you read all of this, the primary reason people fail when fighting a restraining order is that they don't understand the details of it!). You can ask questions of them if you don't understand the paperwork.
The enforcers will also search your place of residence for any firearms or firearm registration licenses, and confiscate these from you.
If you have a question that the enforcers can't answer, or you forget to ask them something before they leave, you should call the family court in your locale for advice. The clerks of court are usually very helpful, and they will have heard all your questions before. As in all things, information is power when it comes to fighting a restraining order.
In all states, you are entitled to attend a hearing where the judge formally considers the merit of the accusations against you. Unfortunately, it's usually your word against your ex's - and in most cases, judges uses his sense of caution to justify approving the order. It's quite difficult to convince the judge at this stage that any allegations of abuse or violence are completely phony. But it's not impossible.
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