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The petitioner needs proof for a restraining order

On Behalf of | Sep 13, 2021 | Criminal defense, Sex Offenses |

Much is said and written about restraining orders. Often people focus on the process of getting a restraining order, but it’s also essential to understand the kind of proof the plaintiff needs to convince the judge to issue the order. Details with evidence will help their cause.

Details about specific incidents

The more specific the details, the better chance they have of getting the order. Examples of critical evidence include:

  • My ex-boyfriend showed up at my parents on Thanksgiving and threatened us.
  • My phone shows my girlfriend’s number calling me several times a day.
  • The inappropriate photos online show details of my girlfriend’s bedroom.
  • My children’s mother showed up at our children’s school to pick them up when she was not authorized to do it.

General threats, hang-ups without speaking, or unusual occurrences (such as a stranger showing up at work and making inquiries) are less tangible and harder to use as evidence. Conversely, the severity of the threat will also play into the judge’s thinking.

There are two sides to every story

Those named by the plaintiff may have a different version of events. Just as the plaintiff should cite specific details, the defendant can provide their own evidence. Rather than a situation of he said/she said, sharing a different perspective with corroborating details of the events in question will potentially influence the judge’s thinking.

The stakes are high

Those accused of stalking, sex crimes or other actions should not rely on their innocence. They can best protect their rights, freedoms and interests if they seriously address these matters. If they do not, the defendant may find themselves living with the unpleasant consequences.