Domestic altercations often result in restraining orders being sought by one or both parties. Regardless of what really happened during a domestic incident, your intimate partner may seek a protective order.

Luckily, everyone is entitled to due process of law in domestic violence cases, and that includes defending against protective orders. It’s helpful to understand the various types of restraining orders to gain a better grasp of how to protect your rights. A skilled defense attorney who focuses on domestic violence issues can help explain the process and how to best deal with it.

Immediately after a domestic incident, the other party may seek an emergency protective order. This order takes effect immediately after the incident and and generally remains in force for five business days or seven calendar days, whichever is shorter. An emergency protective order can require you to leave home or stay away from your partner and your children.

In addition to the emergency protective order, the intimate partner may seek a temporary restraining order (TRO). Your partner can apply for a TRO without your knowledge. TROs are typically approved during a court hearing held within three weeks after your partner applies for the order. In some circumstances, an interim TRO is approved to take effect during the three-week application period.

The intimate partner may seek a protective order of longer duration that can remain in place for as long as several years from the date of the hearing. You will receive timely notice of this hearing either orally or in writing. The purpose of this type of order is to ensure the safety of all parties involved, including children. A skilled attorney can help in this situation, too.

If a lengthy restraining order is granted, it may still be possible to obtain an exception that allows visits with children. The judge will seek information about any history of abuse by either party and the extent of children’s involvement in abusive situations. The judge will also review your reputation, employment history and any substance abuse allegations.

Violating any type of protective order is considered a serious offense and carries harsh consequences. The best way to respond to a potential or actual restraining order is with the help of a skilled attorney. An experienced defense lawyer can explain how protective orders work and how they might be avoided.