The current case of the month deals with an increasingly common area of the law that is often also related to family law cases. This area is the restraining order. Because restraining orders usually involve people who were in a relationship, these cases can result from divorce proceedings. The interplay between a divorce case and a criminal case is called a "crossover".
It is generally a good idea to have a criminal attorney represent you when served with a restraining order because there may be potential criminal liability.
a typical situation which may arise is a divorce that is filed after a husband and wife have a heated, and sometimes physical, argument. During the argument, the police are called. One party is arrested and then bails out of jail. Because this may be the last straw in the relationship, a divorce is filed. The alleged victim of the abuse then seeks a domestic violence restraining order.
The alleged perpetrator must be very careful. There is a criminal case pending so anything disclosed on the record in the restraining order proceeding can be used in the criminal case.
A criminal defense attorney knows the criminal case must be put to bed before the restraining order is addressed. Once this happens, the restraining order can be freely defended without fear of self-incrimination.
Restraining orders are filed for all kinds of reasons, some of which are frivolous. Because of the significant potential penalties, they must be aggressively defended. This, a criminal defense attorney is uniquely qualified to do.
It is important for a criminal defense attorney to have a working relationship with a competent divorce attorney. This, I have with my brother Kevin Gibbs, a family law attorney. Close cooperation between the attorneys only benefits the client.
Contact The Law Office of Barney B. Gibbs if you or a loved one has been charged with domestic violence or served with a restraining order. Put my 30 years of experience and knowledge to work for you.