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Civil Restraining Orders are imposed where a Court believes, based upon a Verified Complaint filed by the party seeking to be protected, that a Restraining Order is necessary to protect one from another’s behavior, and that the other person’s behavior will not stop without the issuance of such order. Because these orders are issued without the opportunity for the restrained party to be heard, a hearing is scheduled very quickly. The general rule of thumb is that the requesting party must show that he or she is in fear of imminent harm to their emotional and/ or physical well being. If at the hearing the person seeking the restraining order meets the legal requirements for the issuance of a permanent restraining order, the restrained party cannot seek to have the Permanent Civil Restraining Order dismissed or modified for four years following its issuance. It is this reason that restraining orders must be taken very seriously with the advice of an attorney.
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Any potential criminal case requires a detailed understanding of the facts, the processes, and the law. If you or someone you know has committed a crime or have been accused of a crime by the Federal Government, you will want to consult with an experienced criminal defense attorney. Not sure what to do? Contact Fahrenholtz & Wiens, LLC to schedule your free consultation.
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