Understanding Restraining Orders: Pros and Cons of Countering a DVRO

Facing a domestic violence restraining order (DVRO) can be a daunting experience. It can lead to severe consequences such as losing custody of your children or being forced out of your home. If you’ve been served with what seems like an unjust DVRO, you might wonder if filing a counter restraining order is the right move. In this blog post, we’ll explore the pros and cons of this legal strategy and discuss how the right approach can impact your case.

Should You File a Counter Restraining Order?

When served with a DVRO, your first instinct might be to file a counter restraining order, especially if you’ve been wrongfully accused. Here’s why this decision matters:

Pros of Filing a Counter Restraining Order

1. Full Picture Presentation: One of the main benefits is that it allows the court to see the entire relationship dynamics. When both parties present their side, the judge might conclude that both or neither party should be granted a restraining order. This not only builds your defense but provides a comprehensive story.
2. Access to Legal Resources: In many jurisdictions, including Los Angeles County, individuals filing a restraining order can access legal aid clinics. These clinics can help you fill out required documents, offering some legal guidance, albeit limited. However, such resources are not available to respondents, underscoring the need for robust support like the DEFEAT the DVRO Course.

Cons of Filing a Counter Restraining Order

1. Hearing Delays and Complications: Filing a counter order means both cases could be consolidated, leading to potentially drawn-out court proceedings. This prolongs your current legal situation, which can be detrimental if you’re unable to see your children or return home.
2. Perception of Retaliation: Courts might perceive your counter restraining order as retaliation rather than a genuine plea for protection, especially if it lacks substantial proof. This can damage your credibility, potentially impacting the outcome of both proceedings.
3. No Impact on the Initial TRO: Filing a counter order does not nullify the temporary restraining order (TRO) against you. The original filer still retains control over shared assets or children until the hearing for a permanent order is concluded.

Navigating the DVRO Process: Do’s and Don’ts

Given the complexities and potential pitfalls, it’s generally advisable to focus on defending yourself against the initial DVRO unless you have unwavering evidence against the petitioner. Here’s a strategic approach to consider:

• Gather Strong Evidence: If opting to counter-file, ensure robust evidence supports your claims. Anything less could undermine your case and credibility.
• Defend with Confidence: When defending against a DVRO, it’s crucial to debunk inaccuracies and present your narrative effectively. This requires preparation, understanding legal procedures, and anticipating the petitioner’s arguments.

The DEFEAT the DVRO Course provides a comprehensive guide to navigate these challenges. This course, crafted by defense expert Veronica Barton, Esq., demystifies the restraining order process, empowering participants to challenge allegations and present their case confidently. It’s tailored to help you understand crucial elements, such as discrediting petitioner’s evidence and organizing compelling defenses.

Final Considerations

Before deciding on whether to counter-file, weigh your situation carefully against the potential legal consequences and societal perceptions. When stakes are high, knowledge is power—arming yourself with the right strategies and insights can be the difference between winning or losing a DVRO battle.

Remember, the path to justice shouldn’t feel insurmountable. With the right preparation and resources, like the first free class available in the DEFEAT the DVRO Course, you can regain control of your situation and rebuild your life.