Over the past 10 or more years, my clients have occasionally been served with restraining orders after a domestic abuse or other physical altercation that resulted in criminal charges.
This article explains why a person served with a restraining order should contact an attorney, especially someone like Attorney Brian Dimmer of Racine Defense, to represent him or her at this hearing. Here's why.
Restraining order hearings are like mini court trials. The Petitioner, the person seeking the restraining order, must testify as to exactly what happened that should convince the court to order the respondent, the person against whom the Petitioner is seeking the restraining order.
Do not miss the opportunity to have an attorney at this "mini trial." This can be a great opportunity for us to challenge the Petitioner, to develop admissions to answers, to gain exculpatory evidence, all of which can be used if the Respondent is later (or currently) charged with a crime.
The restraining order hearing occasionally gives the Respondent an opportunity to testify on his or her own behalf. But you would not want to do this without an attorney to consult with you and help decide whether that is in your best legal interests. Because restraining order hearings are civil, you. may want to exercise your Fifth Amendment right against self-incrimination. To know what the best decision is, however, you need a good attorney at your side.
Call Racine Defense at 262-977-7720 if you or someone you know is in need of representation at a restraining order hearing!
Brian P. Dimmer