There are two types of restraining orders. The first is an emergency protective order. The second is a temporary restraining order. An emergency restraining order will often be issued by an arresting officer if an incident of violence occurs. This type of order remains in effect for 5 days.
A temporary restraining or TRO order will usually be issued by a court at your arraignment if you are facing charges involving violence against someone, particularly a family member in domestic violence cases. Temporary restraining orders will be issued even if the family member does not want the order issued.
If the court issues an order and the family member wants the order lifted they must attend P.E.P or Personal Empowerment classes. These are offered at local battered women’s shelters (even if the family member is a man.). Once the classes are completed, the family member can ask the judge to remove or modify the order so that there is no violent contact.
It is imperative that you obey the restraining order if it is issued. It will generally require that you stay a certain distance from the person or persons listed on the order. It will state that you are to have NO contact with that person including telephone calls, text messages, emails, messages through other people. This means that even if this person calls you hang up! You must not speak to them. If they come to see you, you must tell them to leave.
Ms. Bass has represented many people who are subject to restraining orders and has been successful having the orders dismissed as well as charges alleging violations of those orders.
If you are charged with violating a restraining order it is important that you contact an experienced criminal defense attorney to represent you.