Can You Contest A Restraining Order?

If you have been issued a restraining order, an attorney can help you keep your record clean.

Call McGraw & Strickland, LLC, in Las Cruces, New Mexico, at 575-567-3107 today for a consultation with an attorney.

Temporary Restraining Orders

It is very easy for someone to get a temporary restraining order against another, even if the claims are untrue. This temporary restraining order is done ex-parte, which means that the judge decides on the restraining order without both sides present.

Permanent Restraining Orders

After a temporary restraining order is issued, the court will set a date for a hearing on a permanent restraining order. This is the other party's chance to fight the restraining order. At that hearing, there are several possible resolutions. Both sides can agree to a restraining order or a dismissal of the restraining order, or the court can have a hearing and make a decision.

Consequences Of A Restraining Order

Having a restraining order against you can have serious consequences, including:

  • Losing the right to carry a firearm or other dangerous weapon
  • Losing legal status in the United States and other immigration consequences
  • Losing the ability to hold certain jobs that do background checks
  • Time in jail/prison if the restraining order is violated, even if the contact is invited by the other party

Right To Counsel

You do not have the right to free counsel at a restraining order hearing, but you do have the right to retain and bring private counsel.

The lawyers at McGraw & Strickland, LLC, have defeated many serious restraining orders, keeping our clients' records clean. Call us at 575-567-3107 or contact us to arrange a consultation.