At Brasier Law, LLC, we assist individuals facing the difficult circumstances of abuse allegations. Whether you are seeking to protect yourself and your children from an abusive spouse or family member, or you are being charged with false allegations of abuse, we are here to help. We will navigate this process with you, fighting to protect you.
To obtain a restraining order, according to the Family Abuse Prevention Act (FAPA), you must have had a relationship with the individual. This can include dating, living together or parenting children together.
You must be able to demonstrate that the abuse occurred in the last six months. You must also show that you fear harm or imminent harm by the individual. Generally, this is done by proving clear physical assault occurred on a regular basis. Once the person asks for a hearing to challenge the restraining order, the court often schedules the hearing within a few days. The biggest mistake many people make when they obtain a restraining order without an attorney is they fail to prepare ahead of time for their hearing. This can have grave consequences to their case.
Generally, someone can get a restraining order without the assistance of an attorney, and that order will go into effect immediately. The other person does not even need to know. Because of this, the person making the restraining order gets the first word and can make claims. The restrained individual can only challenge these claims with a hearing.
The person seeking the restraining order must prove in a hearing to the court that the claims are valid for the order to remain in place. The other person has 30 days to contest the order or it will become permanent. If certain circumstances are at stake, this hearing can happen very quickly. Many people are unable to prepare adequately for these hearings or fail to seek legal representation.
At Brasier Law, LLC, we are prepared to represent either the individual seeking to keep the order in place or the person against whom the order was filed. Our lawyers are highly skilled in preparing a case and helping our client’s voice to be heard in a case that will shape his or her future for years to come.
We understand what you are facing during these difficult times, and you can be assured that we will stand by your side throughout the duration of the case, advocating on your behalf. There is so much on the line, and we take that responsibility very seriously.
To arrange an initial consultation to discuss the situation, please contact our law firm at 503-855-4777 or toll free at 503-855-4777.