DWI, Domestic Violence, Misdemeanors, Petty Misdemeanors, and Traffic Offenses

DOMESTIC VIOLENCE LAWYER IN MICHIGAN

Temporary restraining orders (TROs) are sought simply by submitting paperwork to the court asking for a permanent restraining order against a household member. If the court finds probable cause to believe an act of domestic abuse has occurred, even though there has been no investigation, then it will immediately issue a TRO. The TRO often provides the accuser with temporary custody of any minor children. The court issues these orders ex parte, meaning the accused can provide no defense until the hearing on the restraining order, which is supposed to occur within ten days. Ex parte TROs are a specific exception to due process requirements. Their emergency purpose is to prevent harm to the accuser and any endangered minor children. TROs serve an important safety role after domestic violence has occurred.

Oftentimes, parties file false domestic violence allegations out of spite or to gain the upper hand regarding custody of minor children. If you find yourself subject to false domestic violence allegations, you will not be allowed to defend yourself until the hearing on the restraining order. Upon being served with a TRO based upon false allegations, you will likely be extremely upset and inclined to act out. It is imperative you keep your cool until the hearing and do nothing to violate the TRO.

At hearing, the court will decide if an act of domestic abuse has occurred. Upon such a finding, the court will issue an Order of Protection (Restraining Order) against the accused. An Order of Protection will require the accused to stay away from the protected party and relinquish any firearms owned. It may also require the accused to move out of the parties’ residence, award temporary custody of any minor children, and require the accused to pay for and attend professional counseling.

TROs and restraining orders are regularly granted. They are often used to help minimize conflict between the parties during separation and divorce, even where there is no credible safety threat. The law provides the court with great discretion in these matters, and the decisions are rarely appealed.

If you are facing false allegations of domestic abuse, then David can help. It will zealously defend you and help you cope with your situation. The allegations will be thoroughly investigated and a strategic defense constructed. Most importantly, David will do everything it can to ensure the false allegations do not affect the relationship between the parents and any minor children.