Have you recently been served a restraining order in Lexington, KY? Whether or not the protective order is based in truth, you have a legal obligation to comply with its terms.
However, that doesn’t mean that you can’t fight back and work to clear your name. The Lexington restraining order lawyers at Suhre & Associates, LLC are here to help.
Our Fayette County legal team is second to none. Violating a restraining order can carry severe penalties, so it is important that you know exactly what you can and cannot do. Give us a call today to set up your initial consultation at (859) 569-4014 or contact our law office online.
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How Suhre & Associates, LLC Can Help if You are Facing a Restraining Order in Lexington, KY
Our Lexington criminal defense attorneys strive to provide the very best outcome for our clients dealing with restraining orders issued against them. Sometimes restraining orders are based on false accusations or revenge tactics. Even if justified, the stipulations of the order may be unfair or so unreasonable that it is tough to comply.
At Suhre & Associates, LLC, we understand that restraining orders can be complex and sometimes very confusing. Having our Lexington restraining order lawyers on your side during these frustrating times can lessen the emotional toll on you.
We ease your burden by handling the following:
- Conducting a thorough review all the evidence that has been presented in your case including any applicable legal records.
- Determining how to best discredit the alleged victim. Our thorough handling of the case can uncover any history of false claims, history with child protective services, and inadequacy in parental custody.
- Discussing the possibility of taking legal action regarding any false reports that led to the restraining order. Filing a false police report is a Class A misdemeanor in the state of Kentucky. The accuser can be charged for their manipulative, unfair reporting.
- Working to make sure that you are able to defend yourself properly when the court holds a hearing.
Our goal is to protect your future and reputation. Contact us at Suhre & Associates, LLC, if you or a family member is the subject of a restraining order in Lexington or surrounding areas. Your first case evaluation is free.
What is a Restraining Order?
A restraining order is essentially a court order that restricts a person’s liberties and freedoms due to threats or a present danger of violence or abuse. The person who requests a restraining order is the petitioner. The person the order is filed against is the respondent. Many times, restraining orders prevent the respondent from engaging in certain activities, calling certain people, and going to certain places.
Restraining orders are binding legal documents with a judge’s seal of approval. So, it’s very important to do what the order requires. Violating a restraining order can result in serious consequences. Our Lexington, Kentucky law firm has extensive experience defending respondents in restraining order cases. Do not hesitate to call us as soon as you receive such an order. We can walk through it with you and help explain what it all means for you and for your future.
Restraining Order Stipulations
Judges grant restraining orders in an attempt to prevent violence after the respondent is accused of domestic violence, stalking, or sexual assault. There are two different types of restraining orders in the state of Kentucky:
- Domestic Violence Order (DVO): Brought against family members and those close to the petitioner. This can include parents, children, spouses, or ex-spouses. This can also include members of an unmarried household who have lived together or have children together.
- Interpersonal Protective Order: Brought against strangers, acquaintances, or people the petitioner has dated. Includes sexual assault, stalking, or date violence.
A restraining order can be filed against a minor, and, likewise, a minor may request an order against an adult. The age of either party is not relevant.
While awaiting trial for the domestic violence or interpersonal restraining order, the judge may issue an emergency protective order (EPO) which will remain in effect until the respondent’s day in court.
An EPO generally mandates:
- No contact via phone, text, email, or social media
- Staying away from places the petitioner frequents (e.g., requirements to say 500 feet away from the petitioner’s home or workplace)
- Temporary child custody and visitation restrictions
- The respondent must leave a shared home
- If children are involved, visitation may be set up and child support mandated.
Restraining Order Penalties
Restraining orders can be temporary or permanent. Generally, temporary orders can be effective for up to 14 days, while the terms of permanent restraining orders are typically in place for a year or more.
If you violate a restraining order, you can be charged with the crime of contempt. In Kentucky, contempt of court is a Class A misdemeanor that can carry a sentence of up to six months in jail.
Restraining Orders & False Claims – the Statistics
Having a restraining order issued in your name can be devastating. Not only are your freedoms limited, but your future is jeopardized. Your reputation might be in tatters, meaning that you could face ridicule and isolation from those you love.
The damage done by restraining orders is especially egregious when the order is based on a false accusation. Falsifying a claim can result in the respondent being forced to move out of a shared home, and even leave them without seeing their children for the entirety of the restraining order. If permanent, the domestic violence order could even lead to job displacement if both parties are employed within the same company.
The most common reason that unfair domestic violence claims are filed, and restraining order implemented, is to manipulate the respondent. Sometimes it is a matter of a domestic argument or payback for infidelity. Other times, restraining orders are used to gain an advantage against a spouse in a divorce proceeding, custody battle, or fight for child support.
Anger, jealousy, and resentment for the respondent’s actions, including infidelity – whether married or unmarried couple – can lead to a domestic violence order. The ramifications for the long term are too serious for petty reasoning.
Another common reason for false claims leading to a protective order is simply laziness on behalf of the accuser. If an individual is fed up with a roommate, or housing situation regarding a relative in their home, filing a restraining order is faster than going through the proper legal steps to have them evicted.
Unfortunately, the court must take each case seriously and often err on the side of the petitioner. Also, the courts do not like to charge the petitioner, even when claims are false, to avoid preventing victims of legitimate abuse from coming forward.
All these scenarios of false claims are real possibilities. This is why our Lexington restraining order lawyers are passionate about ensuring you get a full court hearing and have a chance to communicate the truth regarding the circumstances of your case.
At Suhre & Associates, we know the frustration and anger respondents feel when the accusations and reasoning for the order are untrue. Our defense team has seen it all, so we know how to get to the real motive. We believe you deserve a fair and honest process, and if the restraining order is false, we do not stop until we get you the justice you deserve.
Some of the most common factors that put respondents at risk of being falsely accused of domestic violence include:
- Low self-esteem: A spouse with low self-esteem is more likely to be possessive, jealous, and accusatory. Their uncontrolled, erratic emotional health can lead them to press false charges and unjustly file for a restraining order.
- Alcohol or substance abuse: The criminal justice system tends to have a prejudice against those who drink or have a history of substance abuse.
- Unemployment: There is a correlation between unemployed spouses filing false emergency protective orders and domestic violence orders.
- Minorities: More minorities are accused of sexual and physical violence than other groups. The LGBTQ community reports more sexual violence than heterosexual couples. They also are more likely to be accused of stalking. Racial minorities in Kentucky, are also more likely to be charged with domestic violence and harassment, leading to a false restraining order.
- Pregnancy: Pregnant women are more likely to report domestic violence than non-pregnant partners.
- Poverty: Those categorized as low-income are often mistreated by the justice system. Lack of resources, knowledge, and legal aid lead to law enforcement mistreating the underprivileged.
- Being Male: Eighty-five percent of those accused of domestic violence are male.
These factors put an individual at a higher risk of being accused of domestic violence, stalking, and sexual harassment, all of which can lead to a restraining order.
Contact a Lexington Restraining Order Lawyer for Help Today
At Suhre & Associates, LLC, we understand the pain caused when you’re hit with a restraining order. Your family, your employment, and above all, your reputation are all at stake. Our Lexington restraining order attorneys are highly-respected, skilled, and know how to use their knowledge of the law on your behalf.
We take your case very seriously because your future matters to us. One of our key tenets is that every client is a priority and should feel like they are our only client. We take pride in our excellent customer service, including making ourselves available to you at any time.
Our personal injury law firm in Lexington, KY also provides:
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