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What to Do If Someone Serves You with a Restraining Order

Robert Stahle • September 7, 2021

If you have been served with a restraining order, it can be a daunting and overwhelming experience, especially if this is your first time being involved with the court system. Restraining orders are typically served by law enforcement, and having the police show up at your doorstep with a restraining order is disorienting and overwhelming. It is not an experience that most people want to have, especially if this is your first time being involved with the court system. Here at Fitch & Stahle Law Office, our defense attorney recommends contacting our office if you have been served with a restraining order.

Being served with a restraining order does not mean that all hope is not lost. However, obtaining proper legal protection is critical at this stage, as doing so can make the difference between, for instance, seeing your children and no longer seeing them. Here is an overview of what you should and should not do.

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Steps to Take

If you have been served with a temporary restraining order, the first thing that you should make sure to do is follow it. While it may be tempting to make contact with the filer of the order, doing so can turn the temporary restraining order into a permanent one. If you have not yet contacted our criminal lawyer , now is a great time to do so. An attorney will help you prepare for the hearing on the permanent order. During this time, you also should:


  • Gather any physical evidence related to any incidents or events that the petition refers to, such as clothing, photos, videos, and objects.
  • Assemble documents or records related to the case, such as letters, emails, phone and GPS records, computer records, and anything that demonstrates where you were at the time of the incident.
  • Make a list of possible witnesses. Include every person who may have information about the incident and the accusations of the filer.

All of the above may be useful in a court situation because if the accuser has made false allegations against you, you might have photos or videos that prove they are lying. For instance, if the accuser says that you are calling or texting repeatedly, then phone records could prove otherwise.

What Not to Do

If you are facing a restraining order, here are some things that you should avoid.


  • Destroy evidence that you think could hurt your case. Doing so may cast a suspicious light on you and lead to further criminal charges
  • Try to talk to the petitioner or witnesses you expect will testify for the petitioner. This violates the terms of the restraining order.
  • Disobey the temporary restraining order in any way.

If you violate the temporary restraining order, the petitioner can bring that up in the hearing for a permanent order, and it will make it harder for you to defend yourself.

Contact Our Sioux City Attorneys

Whether a restraining order has been filed against you in Iowa or Nebraska, you should contact our criminal lawyer immediately. Reach out at 402-494-3012.

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