The Truth - the Winning Argument for Your Case

4 Nov. 2013

The Most Common Errors In Seeking Domestic Violence Protective Orders.

Posted By The Buncher Law Corporation

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There are two common errors that victims of domestic violence, sexual assault, threats, harassment or vandalism commonly make in seeking restraining orders.

The single biggest error is delay. It is a big step for a victim to find the courage to seek a protective order. However, a delay of even a couple days can have a dramatic affect on a judge's willingness to take your case seriously.

There is a reason why restraining orders can often be obtained the same day of the incident - because the threat is imminent. Thus, if you delay, the court will not think the threat is so immediate and may refuse to issue a domestic violence restraining order.

The second biggest mistake is failing to take reasonable precautions to back up evidence of voice messages, text messages, emails, photographs and threatening notes.

It is more common than not that victims who consult with us will say that such evidence was deleted or destroyed.

Be proactive. Use a different mobile phone than your own and photograph emails and text messages from the abuser. Record voice mails left on your phone. Document everything — even if you don't think it is important! Perpetrators of domestic violence often show a chain of conduct, escalation, or provide other information that can be used to attack their credibility.

If you need assistance in filing a restraining order, please contact our attorneys today.

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