How To React When Your Petition For A Restraining Order Is Denied

While a restraining order protects you from an abuser's or potential abuser's violence, it also curtails his or her right to freedom. Therefore, a family court may be reluctant to give the order if it feels that you aren't facing an imminent threat. However, the fact that your request has been denied doesn't mean that you have to give up your quest. If you still think that you are in danger, then take these measures

Understand the Conditions for Reopening the Case

The first thing to do is to acquaint yourself with your state's laws concerning reopening of such cases. For example, there may be a waiting period or conditions to fulfill, such as the unveiling of a new piece of evidence. Whatever the case, it's usually difficult to reopen the case if all the circumstances have remained the same. If you have a lawyer, then he or she will furnish you with this information. Otherwise, have a chat with the family court clerk.

Detail New Offenses

The fact that your petition has been denied may give your tormentor a new impetus for attacking you. If such attacks do occur, record them so that you can have a stronger case the next time you are in court. You may keep the records in the form of phone messages, email notes, pictures of damages or bruises, or even testimonies from witnesses (whose contact information you need to preserve). It's also advisable to call the police every time your abuser attacks you; the police report is also your evidence.

Consider a Criminal Case

An abuser with a criminal conviction is more likely to get a restraining order against him or her than one with a clean history. The chances are even greater if the criminal cases involved acts of violence such as sexual assault, battery, burglary and similar things. Therefore, if you win the criminal case, then the conviction is ammunition for the family court case too.

Get an Attorney

It's always good to have a family lawyer handle these cases for you. Therefore, if you didn't have an attorney in the first case, then it's even more important that you get one now. He or she will review your case and point out the areas that need to be strengthened before reopening the battle.

While going through all these motions, don't forget to obey any family court directives that may have been given to you. It's essential not to come up with your own restraining orders. For example, don't try to keep the abuser away from the children if you don't have the backing of the court. The only exception is if you or the children are in imminent danger. For more information, contact a firm such as Borowiec & Borowiec PC Attorneys At Law.