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Why You Always Need an Attorney to Fight a Restraining Order

Brian J Smith Jan. 13, 2013

Restraining orders offer resources and protection when they are used properly. However, like most things in life, they can be abused if they are used for the wrong reasons. In addition, some restraining orders (such as temporary restraining orders) can be filed against you without you even being present in court. Violation of these orders can result in fines, or a criminal record (or both).

Unfortunately, that doesn't make it go away in the eyes of the law.

Because the court would rather sit on the side of caution, the legal system is already set up with the odds (of fighting a restraining order) against you. For example, restraining orders are assigned a renew date (typically a year or so) when they are first issued. The restraining order will be reviewed on the renew date, where the court will hear both arguments and decide whether the order should be extended. Think the court is going to notify you when your chance to present your case is coming? Think again. To give yourself a fighting chance, you need an attorney to navigate you through the process.

For more information on restraining orders, domestic violence, or to find a Las Vegas criminal attorney, contact the office of Brian J. Smith at