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What to Do If Someone Serves You with a Restraining Order

Robert Stahle • September 7, 2021
A man is writing on a piece of paper with a pen.

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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What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.