Restraining Orders Part 2. What to do when the TRO is violated.

Welcome back! This is Part 2 of a two-part blog series on Restraining orders. Please click here if you would like to visit Restraining Orders Part 1: What to do when you need a TRO. In this blog, we will discuss how to handle restraining order violations as well as some steps you can take to prepare for your court case in order to make the TRO become a permanent restraining order.

How to Handle Temporary Restraining Order Violations

  1. Call the police. Have a copy of the TRO available when they arrive. Temporary restraining orders are just that - temporary - which means the police won't be able to see any record of it in their system. If you don't have a copy of your restraining order from the courts, there is a good chance the police won't do anything at all but ask the violator to leave the premises. Make sure that you ask to the police to write an official report of the restraining order violation. Then go to the local police department and request a copy of the official report. This serves as physical evidence of a temporary restraining order violation and will assist you in pursuing further legal action.
  2. Hire a surveillance investigator. A licensed private detective can provide surveillance services, which can also help to provide professional admissible evidence of restraining order violations. A surveillance investigator will be able to take photos, record videos, and create a typed report to document the perpetrator's restraining order violations. If you have obtained a restraining order to protect yourself from a stalker, surveillance services can help to prove stalker-like behavior, which may be difficult to do on your own.
  3. Honor the TRO. In many cases, the victim can be worn down by the person they have sought the restraining order against. Remember to be strong, remain trued to your instincts, and respect the mandates of the court restraining order. Document every violation of the restraining order by taking pictures, gathering witness' testimony, and ensuring the police department makes a report of the violation(s). Many people request the presence of a licensed private investigator for support in these and other areas. This can keep the peace and serves to send the right message.
  4. Be prepared for Court. Here is a list of things you should have on hand to present to your lawyer, the DA, and/or the court:
    • Written dates/times/descriptions of the events which led to your filing of the temporary restraining order, as well as any restraining order violations.
    • A list of those who witnessed threatening behavior/abuse or who have witnessed temporary restraining order violations.
    • Audio copies of any threatening voicemail messages
    • Printed copies of any threatening text and/or email messages
    • Copies of police reports
    • Medical records and/or pictures of any physical injuries that occurred as the result of physical violence
    • documentation from your private investigator.

    This evidence will help to solidify your case and make the restraining order permanent. You can also speak to your lawyer or the district attorney, about your options in regards to filing a civil case against the perpetrator.

For more information about serving a temporary restraining order, or for surveillance assistance to monitor the behavior of a stalker or abusive current/former partner, contact Mike Garroutte at Linked Investigations. 877-464-5374 or info@linkedinvestigations.com.

We strongly recommend conducting background checks on people you are newly involved with. While this may not be 100% foolproof, it can potentially save you headaches in the future.

Published on: 
March 1, 2012
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