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